The 
Election   La-ws 


OF 


STATE,  OF  OHIO 

And  of  the  United  3tates 
of  America 


Applicable  to  the   Conduct  of  Elec 

tions  and  the  Duties  of  Officers 

in  Connection  Therew^ith 


Compiled  by 

HARVEY  C.  SMITH 

Secretary  of  State 


1920 


The 


Election  Laws 


OP  THB 


State  of  Ohio 


AND  OP  THE 


United  States  of  America 


Applicable  to  the  Conduct  of  Elections  and 
the  Duties  of  Officers  in  Connec- 
tion Therewith 


COMPILED  BY 

Harvey  C.  Smith 

Secretary  of  State 


Sprlnicfleld,  Ohio: 

The  Sprlnfl5eld  Publishing  Company, 

State  Printers. 

Bound  at  the  State  Bindery. 

1920. 


1       «    •     •>     •. 


«»       *..  •9^? 


v'^ 


^^ 


Election  Laws  of  the  United  States 


CITIZENSHIP. 


Section  1992.    All  persons  born  in  the  United  States  Who  are  citizew, 
and  not  subject  to  any  foreign  power,  excluding  Indians 
not  taxed,  are  declared  to  be  citizens  of  the  United  States. 

Sec.  1993.    All  children  heretofore  born  or  hereafter  children  of 
born  out  of  the  limits  and  jurisdiction  of  the  United  States,  ab^dL  ^"* 
whose  fathers  were  or  may  be  at  the  time  of  their  birth, 
citizens  thereof,  are  declared  to  be  citizens  of  the  United 
States;  but  the  rights  of  citizenship  shall  not  descend  to 
children  whose  fathers  never  resided  in  the  United  States. 

Sec.  1994.     Any  woman  who  is  now  or  may  hereafter  Married  women, 
be  married  to  a  citizen  of  the  United  States,  and  who  might 
herself  be  lawfully  naturalized,  shall  be  deemed  a  citizen. 

Sec.  1995.     All  persons  born  in  the  district  or  country  Persona  bom 
formerly  known  as  the  territory  of  Oregon,  and  subject  to  '"  ^®Bon. 
the  jurisdiction  of  the  United  States  on  the  18th  [of]  May, 
1872,  are  citizens  in  the  same  manner  as  if  born  elsewhere 
in  the  United  States. 

Sec.  1996.  All  persons  who  deserted  the  military  or  Forfeiture  of 
naval  service  of  the  United  States,  and  did  not  return  °"^""**''^' 
thereto  or  report  themselves  to  a  provost  marshal  within 
sixty  days  after  the  issuance  of  the  proclamation  by  the 
President,  dated  the  11th  day  of  March,  1865,  are  deemed 
to  have  voluntarily  relinquished  and  forfeited  their  rights 
of  citizenship,  as  well  as  their  right  to  become  citizens ;  and 
such  deserters  shall  be  forever  incapable  of  holding  any 
office  of  trust  or  profit  under  the  United  States,  or  of  exer- 
cising any  rights  of  citizens  thereof. 

Sec.  1997.  No  soldier  or  sailor,  however,  who  faith-   ceruin  soldiers 
fully  served  according  to  his  enlistment  until  the  19th  day  JSpted  from 
of  April,  1865,  and  who,  without  proper  authority  or  leave  forfeiture, 
first  obtained  quit  his  command  or  refused  to  serve  after 
that  date,  shall  be  held  to  be  a  deserter  from  the  army  or 
navy ;  but  this  section  shall  be  construed  solely  as  a  removal 
of  any  disability  such  soldier  or  sailor  may  have  incurred, 
under  the  preceding  section,  by  the  loss  of  citizenship  and 
of  the  right  to  hold  office  in  consequence  of  his  desertion. 

Sec.  1998.     Every  person  who  hereafter  deserts  the  ^J^}^^"^  ^^^ 
military  or  naval  service  of  the  United  States,  or  who, 
l)eing  duly  enrolled  departs  the  jurisdiction  of  the  district 
in  which  he  is  enrolled,  or  goes  beyond  the  limits  of  the 
United  States  with  intent  to  avoid  any  draft  into  the  mili-  " 
tary  or  naval  service,  lawfully  ordered,  shall  be  liable  to 


*   t^    f   »  i,(, 


Bight  of  ex- 
patriation 
declared. 


Protection  of 
naturalised 
citizens  in  for- 
eign states. 


*  o"" :'  %,'      BLECJnON  LAWS  OP  THE  UNITED  STATIg. 

*  »'       r  .*'/^:      THE    ELECTIVE    FRANCHISE.      NATURALIZATION. 

all  the  penalities  and  forfeitures  of  section  nineteen  hundred 
and  ninety-six. 

Sec.  1999.  Whereas,  the  right  of  expatriation  is  a 
natural  and  inherent  right  of  all  people,  indispensable  to 
the  enjoyment  of  the  rights  of  life,  liberty,  and  the  pursuit 
of  happiness ;  and,  whereas,  in  the  recognition  of  this  prin- 
ciple this  government  has  freely  received  emigrants  from 
all  nations;  and  invested  them  with  the  rights  of  citizen- 
ship ;  and  whereas  it  is  claimed  that  such  American  citizens, 
with  their  descendants,  are  subjects  of  foreign  states,  owing 
allegiance  to  the  governments  thereof;  and  whereas,  it  is 
necessary  to  the  maintenance  of  public  peace  that  this 
claim  of  foreign  allegiance  should  be  promptly  and  finally 
disavowed;  therefore,  any  declaration,  instruction,  opinion, 
order,  or  decision  of  any  officer  of  the  United  States  which 
denies,  restricts,  impairs,  or  questions  the  right  of  expa- 
triation, is  declared  inconsistent  with  the  fundamental  prin- 
ciples of  the  republic. 

Sec.  2000.  All  naturalized  citizens  of  the  United 
States,  while  in  foreign  countries,  are  entitled  to  and  shall 
receive  from  this  government  the  same  protection  of  per- 
sons and  property  which  is  accorded  to  native  born  citizens. 


THE  ELECTIVE  FRANCHISE. 


Interference  by 
army  or  naval 
officers. 


Race,  color  or 
previous  con- 
dition  not  to 
affect  the 
right  to  vote. 


Sec.  2003.  No  officer  of  the  army  or  navy  of  the 
United  States  shall  prescribe  or  fix,  or  attempt  to  prescribe 
or  fix,  by  proclamation,  order,  or  otherwise,  the  qualifica- 
tions of  voters  in  any  state,  or  in  any  manner  interfere  with 
the  freedom  of  any  election  in  any  state,  or  with  the  exer- 
cise of  the  free  right  of  suffrage  in  any  state. 

Sec.  2004.  All  citizens  of  the  United  States  who  are 
otherwise  qualified  by  law  to  vote  at  any  election  by  the 
people  in  any  state,  territory,  district,  county,  city,  parish, 
township,  school  district,  municipality,  or  other  territorial 
subdivision,  shall  be  entitled  and  allowed  to  vote  at  all  such 
elections,  without  distinction  of  race,  color,  or  previous  con- 
dition of  servitude ;  any  constitution,  law,  custom,  usage,  or 
regulation  of  any  state  or  territory,  or  by  or  under  its 
authority,  to  the  contrary  notwithstanding. 


NATURALIZATION. 


Honorahly  dis- 
charged soldiers 
exempt   from 
certain  for- 
malities. 


Sec.  2166.  Any  alien,  of  the  age  of  twenty-one  years 
and  upward,  who  has  enlisted,  or  may  enlist,  in  the  armies 
of  the  United  States,  either  the  regular  or  the  volunteer 
forces,  and  has  been,  or  may  be  hereafter,  honorably  dis- 
charged, shall  be  admitted  to  become  a  citizen  of  the  United 
States,  upon  his  petition,  without  any  previous  declaration 
of  his  intention  to  become  such ;  and  he  shall  not  be  required 
to  prove  more  than  one  year's  residence  within  the  United 


ELECTION  LAWS  OF  THE  UNITED  STATES. 


NATURALIZATION. 


States  previous  to  his  application  to  become  such  citizen; 
and  the  court  admitting  such  alien  shall,  in  addition  to  such 
proof  of  residence  and  good  moral  character,  as  now  pro- 
vided by  law,  be  satisfied  by  competent  proof  of  such  per- 
son's having  been  honorably  discharged  from  the  service  of 
the  United  States. 

Sec.  2169.  (As  amended,  1875.)— The  provisions  of  this  f}Sn°nativity 
title  shall  apply  to  aliens  being  free  white  persons,  and  and  descent, 
to  aliens  of  African  nativity  and  to  persons  of  African 
descent. 

Sec.  2171.     No  alien  who  is  a  native  citizen  or  subject.  Naturalization 

,       .  „  .    ,  •       .  •.!     to  alien  enemies 

or  a  denizen  of  any  country,  state,  or  sovereignty  with  prohibited, 
which  the  United  States  are  at  war,  at  the  time  of  his  ap- 
plication, shall  be  then  admitted  to  become  a  citizen  of  the 
United  States;  but  persons  resident  within  the  United 
States,  or  the  Territories  thereof,  on  the  eighteenth  day  of 
June,  in  the  year  one  thousand  eight  hundred  and  twelve, 
Avho  had  before  that  day  made  a  declaration,  according  to 
law,  of  their  intention  to  become  citizens  of  the  United 
States,  or  who  were  on  that  day  entitled  to  become  citizens 
without  making  such  declaration,  may  be  admitted  to  be- 
come citizens  thereof,  notwithstanding  they  were  alien  ene- 
mies at  the  time  and  in  the  manner  prescribed  by  the  laws 
heretofore  passed  on  that  subject ;  nor  shall  anything  herein 
contained  be  taken  or  construed  to  interfere  with  or  pre- 
vent the  apprehension  and  removal,  agreeably  to  law,  of 
any  alien  enemy  at  any  time  previous  to  the  actual  natural- 
ization of  such  alien. 

Sec.  2174.  Every  seaman,  being  a  foreigner,  who  de-  AUen  seamen 
clares  his  intention  of  becoming  a  citizen  of  the  United  JJgJJS^*'^^"*^ 
States  in  any  competent  court,  and  shall  have  served  three 
years  on  board  of  a  merchant-vessel  of  the  United  States 
subsequent  to  the  date  of  such  declaration,  may,  on  his 
application  to  any  competent  court,  and  the  production  of 
his  certificate  of  discharge  and  good  conduct  during  that 
time,  together  with  the  certificate  of  his  declaration  of  in- 
tention to  become  a  citizen,  be  admitted  a  citizen  of  the 
United  States;  and  every  seaman,  being  a  foreigner,  shall,  / 

after  his  declaration  of  intention  to  become  a  citizen  of  the 
United  States,  and  after  he  shall  have  served  such  three 
years,  be  deemed  a  citizen  of  the  United  States  for  the  pur- 
pose of  manning  and  serving  on  board  any  merchant-vessel 
of  the  United  States,  anything  to  the  contrary  in  any  act 
of  Congress  notwithstanding ;  but  such  seaman  shall,  for  all 
purposes  of  protection  as  an  American  citizen,  be  deemed 
such,  after  the  filing  of  his  declaration  of  intention  to  be- 
come such  citizen. 


TWENTY-SECOND  STATUTES  AT  LARGE,  PAGE  58. 

ic.  14.     That  hereafter  no  State  court  or  c 
States,  shall  admit  Chinese  to  citizenshi 
laws  in  conflict  with  this  act  are  hereby  repealed. 


Sec.  14.     That  hereafter  no  State  court  or  court  of  the  Si^^cSn^.'"" 
United  States,  shall  admit  Chinese  to  citizenship ;  aad  all  prtwbit^d. 


ELBGTION  LAWS  OP  THE  UNITED  BTATB6. 


Aliens  honor- 
ably discharged 
from  serrlce  In 
S&ry  or  Maria* 
Corps. 


NATURALIZATION. 
TWENTY-EIGHTH  STATUTES  AT  LABGE,  PAGE  124. 

Any  alien  of  the  age  of  twenty-one  years  and  upward 
who  has  enlisted  or  may  enlist  in  the  United  States  Navy 
or  Marine  Corps,  and  has  served  or  may  hereafter  serve 
five  consecutive  years  in  the  United  States  Navy  or  one 
enlistment  in  the  United  States  Marine  Corps,  and  has  been 
or  may  hereafter  be  honorably  discharged,  shall  be  ad- 
mitted to  become  a  citizen  of  the  United  States  upon  his 
petition,  without  any  previous  declaration  of  his  intention 
to  become  such;  and  the  court  admitting  such  alien  shall, 
in  addition  to  proof  of  good  moral  character,  be  satisfied 
by  competent  proof  of  such  person's  service  in  and  honor- 
able discharge  from  the  United  States  Navy  or  Marine 
Corps. 

AN  ACT  TO  VALIDATE  CERTAIN  CERTIFICATES  OP  NATURAL- 
IZATION. 

[Stat.  1905-6,  Part  I,  p.  630.] 

Be  it  enacted  hy  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Congress  assem- 
bled, That  naturalization  certificates  issued  after  the  Act 
approved  March  third,  nineteen  hundred  and  three,  en- 
titled, ''An  Act  to  regulate  the  immigration  of  aliens  into 
the  United  States,"  went  into  effect,  which  fail  to  show 
that  the  courts  issuing  said  certificates  complied  with  the 
requirements  of  section  thirty-nine  of  said  Act,  but  which 
were  otherwise  lawfully  issued,  are  hereby  declared  to  be 
valid  as  though  said  certificates  complied  with  said  section : 
Provided,  That  in  all  such  cases  applications  shall  be  made 
for  new  naturalization  certificates,  and  when  the  same  are 
granted,  upon  compliance  with  the  provisions  of  said  Act 
of  nineteen  hundred  and  three,  they  shall  relate  back  to  the 
defective  certificates,  and  citizenship  shall  be  deemed  to 
have  been  perfected  at  the  date  of  the  defective  certificate. 

Sec.  2.  That  all  the  records  relating  to  naturalization, 
all  declarations  of  intention  to  become  citizens  of  the  United 
States,  and  all  certificates  of  naturalization  filed,  recorded, 
or  issued  prior  to  the  time  when  this  Act  takes  effect  in 
or  from  the  criminal  court  of  Cook  County,  Illinois,  shall 
for  all  purposes  be  deemed  to  be  and  to  have  been  made, 
filed,  recorded,  or  issued  by  a  court  with  jurisdiction  to 
naturalize  aliens,  but  shall  not  be  by  this  Act  further 
validated  or  legalized. 

Approved  June  29,  1906. 

NATURALIZATION  ACT  OF  JUNE  29,  1906. 

[Stat.  1905-6,  Part  I,  p.  596.] 

Be  it  enacted  hy  the  Senate  and  House  of  Bepresenta- 
iives  of  the  United  States  of  America  in  Congress  assem- 
hhd,  That  the  designation  of  the  Bureau  of  Immigration 


SLBCTION  LAWS  OF  THB  UNITED  STATES. 
NATURALIZATION. 

in  the  Department  of  Commerce  and  Labor  is  hereby 
changed  to  the  *' Bureau  of  Immigration  and  Naturaliza- 
tion," which  said  Bureau,  under  the  direction  and  control 
of  the  Secretary  of  Commerce  and  Labor,  in  addition  to 
the  duties  now  provided  by  law,  shall  have  charge  of  all 
matters  concerning  the  naturalization  of  aliens.  That  it 
shall  be  the  duty  of  the  said  Bureau  to  provide,  for  use  at 
the  various  immigration  stations  throughout  the  United 
States,  books  of  record,  wherein  the  commissioners  of  immi- 
gration shall  cause  a  registry  to  be  made  in  the  case  of 
each  alien  arriving  in  the  United  States  from  and  after  the 
passage  of  this  Act  of  the  name,  age,  occupation,  personal 
description  (including  height,  complexion,  color  of  hair 
and  eyes),  the  place  of  birth,  the  last  residence,  the  in- 
tended place  of  residence  in  the  United  States,  and  the  date 
of  arrival  of  said  alien,  and,  if  entered  through  a  port,  the 
name  of  the  vessel  in  which  he  comes.  And  it  shall  be  the 
duty  of  said  commissioners  of  immigration  to  cause  to  be 
granted  to  such  alien  a  certificate  of  such  registry,  with 
the  particulars  thereof. 

Sec.  2.  That  the  Secretary  of  Commerce  and  Labor 
shall  provide  the  said  Bureau  with  such  additional  fur- 
nished offices  within  the  city  of  Washington,  such  books  of 
record  and  facilities,  and  such  additional  assistants,  clerks, 
stenographers,  typewriters,  and  other  employees  as  may  be 
necessary  for  the  proper  discharge  of  the  duties  imposed  by 
this  Act  upon  such  Bureau,  fixing  the  compensation  of  such 
additional  employees  until  July  first,  nineteen  hundred  and 
seven,  within  the  appropriations  made  for  that  purpose. 

Sec.  3.  That  exclusive  jurisidction  to  naturalize  aliens 
as  citizens  of  the  United  States  is  hereby  conferred  upon 
the  following  specified  courts : 

United  States  circuit  and  district  courts  now  existing, 
or  which  may  hereafter  be  established  by  Congress  in  any 
State,  United  States  district  courts  for  the  Territories  of 
Arizona,  New  Mexico,  Oklahoma,  Hawaii,  and  Alaska,  the 
supreme  court  of  the  District  of  Columbia,  and  the  United 
States  courts  for  the  Indian  Territory;  also  all  courts  of 
record  in  any  State  or  Territory  now  existing,  or  which 
may  hereafter  be  created,  having  a  seal,  a  clerk,  and  juris- 
diction in  actions  at  law  or  equity,  or  law  and  equity,  in 
which  the  amount  in  controversy  is  unlimited. 

That  the  naturalization  jurisdiction  of  all  courts  herein 
specified.  State,  Territorial  and  Federal,  shall  extend  only 
to  aliens,  resident  within  the  respective  judicial  districts  of 
such  courts. 

The  courts  herein  specified  shall,  upon  the  requisition 
of  the  clerks  of  such  courts,  be  furnished  from  time  to  time 
by  the  Bureau  of  Immigration  and  Naturalization  with 
such  blank  forms  as  may  be  required  in  the  naturalization 
of  aliens,  and  all  certificates  of  naturalization  shall  be  con- 


10  ELECTION  LAWS  OF  THE  UNITED  STATES. 

NATURALIZATION. 

secutively  numbered  and  printed  on  safety  paper  furnished 
by  said  Bureau. 

Sec.  4.  That  an  alien  may  be  admitted  to  become  a 
citizen  of  the  United  States  in  the  following  manner  and 
not  otherwise : 

First.  He  shall  declare  on  oath  before  the  clerk  of 
any  court  authorized  by  this  Act  to  naturalize  aliens,  or  his 
authorized  deputy,  in  the  district  in  which  such  alien  re- 
sides, two  years  at  least  prior  to  his  admission,  and  after 
he  has  reached  the  age  of  eighteen  years,  that  it  is  bona 
fide  his  intention  to  become  a  citizen  of  the  United  States, 
and  to  renounce  forever  all  allegiance  and  fidelity  to  any 
foreign  prince,  potentate,  state,  or  sovereignty,  and  par- 
ticularly, by  name,  to  the  prince,  potentate,  state,  or  sov- 
ereignty of  which  the  alien  may  be  at  the  time  a  citizen 
or  subject.  And  such  declaration  shall  set  forth  the  name, 
age,  occupation,  personal  description,  place  of  birth,  last 
foreign  residence  and  allegiance,  the  date  of  arrival,  the 
name  of  the  vessel,  if  any,  in  which  he  came  to  the  United 
States,  and  the  present  place  of  residence  in  the  United 
States  of  said  alien :  Provided,  however,  That  no  alien  who, 
in  conformity  with  the  law  in  force  at  the  date  of  his  dec- 
laration, has  declared  his  intention  to  become  a  citizen  of 
the  United  States  shall  be  required  to  renew  such  declara- 
tion. 

Second.  Not  less  than  two  years  nor  more  than  seven 
years  after  he  has  made  such  declaration  of  intention  he 
shall  make  and  file,  in  duplicate,  a  petition  in  writing, 
signed  by  the  applicant  in  his  own  handwriting  and  duly 
verified,  in  which  petition  such  applicant  shall  state  his  full 
name,  his  place  of  residence  (by  street  and  number,  if 
possible),  his  occupation,  and  if  possible,  the  date  and  place 
of  his  birth;  the  place  from  which  he  emigrated,  and  the 
date  and  place  of  his  arrival  in  the  United  States,  and,  if 
he  entered  through  a  port,  the  name  of  the  vessel  on  which 
he  arrived;  the  time  when  and  the  place  and  name  of  the 
court,  where  he  declared  his  intention  to  become  a  citizen 
of  the  United  States;  if  he  is  married  he  shall  state  the 
name  of  his  wife  and,  if  possible,  the  country  of  her  nativity 
and  her  place  of  residence  at  the  time  of  filing  his  petition ; 
and  if  he  has  children,  the  name,  date,  and  place  of  birth 
and  place  of  residence  of  each  child  living  at  the  time  of 
the  filing  of  his  petition :  Provided,  That  if  he  has  filed  his 
declaration  before  the  passage  of  this  Act  he  shall  not  be 
required  to  sign  the  petition  in  his  own  handwriting. 

The  petition  shall  set  forth  that  he  is  not  a  disbeliever 
in  or  opposed  to  organized  government,  or  a  member  of  or 
affiliated  with  any  organization  or  body  of  persons  teaching 
disbelief  in  or  opposed  to  organized  government,  a  polyga- 
mist  or  believer  in  the  practice  of  polygamy,  and  that  it  is 
his  intention  to  become  a  citizen  of  the  United  States  and 
to   renounce    absolutely   and   forever   all   allegiance    and 


ELECTION  LAWS  OP  THE  UNITED  STATES.  '  11 

NATXJRALIZATION. 

fidelity  to  any  foreign  prince,  potentate,  state,  or  sovereign- 
ty, and  particularly  by  name  to  the  prince,  potentate,  state, 
or  sovereignty  of  which  he  at  the  time  of  filing  of  his  peti- 
tion may  be  a  citizen  or  subject,  and  that  it  is  his  intention 
to  reside  permanently  within  the  United  States,  and  whether 
or  not  he  has  been  denied  admission  as  a  citizen  of  the 
United  States,  and,  if  denied,  the  ground  or  grounds  of 
such  denial,  the  court  or  courts  in  which  such  decision  was 
rendered,  and  that  the  cause  for  such  denial  has  since  been 
cured  or  removed,  and  every  fact  material  to  his  naturali- 
zation and  required  to  be  proved  upon  the  final  hearing 
of  his  application. 

The  petition  shall  also  be  verified  by  the  affidavits  of  at 
least  two  credible  witnesses,  who  are  citizens  of  the  United 
States,  and  who  shall  state  in  their  affidavits  that  they  have 
personally  known  the  applicant  to  be  a  resident  of  the 
United  States  for  a  period  of  at  least  five  years  continu- 
ously, and  of  the  State,  Territory,  or  district  in  which  the 
application  is  made  for  a  period  of  at  least  one  year  immedi- 
ately preceding  the  date  of  the  filing  of  his  petition,  and 
that  they  each  have  personal  knowledge  that  the  petitioner 
is  a  person  of  good  moral  character,  and  that  he  is  in  every 
way  qualified,  in  tJieir  opinion,  to  be  admitted  as  a  citizen 
of  the  United  States. 

At  the  time  of  filing  his  petition  there  shall  be  filed 
with  the  clerk  of  the  court  a  certificate  from  the  Depart- 
ment of  Commerce  and  Labor,  if  the  petitioner  arrives  in 
the  United  States  after  the  passage  of  this  Act,  stating  the 
date,  place,  and  manner  of  his  arrival  in  the  United  States, 
and  the  declaration  of  intention  of  such  petitioner,  which 
certificate  and  declaration  shall  be  attached  to  and  made 
a  part  of  said  petition. 

Third.  He  shall,  before  he  is  admitted  to  citizenship, 
declare  on  oath  in  open  court  that  he  will  support  the 
Constitution  of  the  United  States,  and  that  he  absolutely 
and  entirely  renounces  and  abjures  all  allegiance  and  fidel- 
ity to  any  foreign  prince,  potentate,  state,  or  sovereignty, 
and  particularly  by  name  to  the  prince,  potentate,  state,  or 
sovereignty  of  which  he  was  before  a  citizen  or  subject ;  that 
he  will  support  and  defend  the  Constitution  and  laws  of  the 
United  States  against  all  enemies,  foreign  and  domestic,  and 
bear  true  faith  and  allegiance  to  the  same. 

Fourth.  It  shall  be  made  to  appear  to  the  satisfaction 
of  the  court  admitting  any  alien  to  citizenship  that  imme- 
diately preceding  the  date  of  his  application  he  has  resided 
continuously  within  the  United  States  five  years  at  least, 
and  within  the  State  or  Territory  where  such  court  is  at  the 
time  held  one  year  at  least,  and  that  during  thrt  time  he 
has  behaved  as  a  man  of  good  moral  character,  attached 
to  the  principles  of  the  Constitution  of  the  United  States, 
and  well  disposed  to  the  good  order  and  happiness  of  the 
same.    In  addition  to  the  oath  of  the  applicant,  the  testi- 


12  ELECTION  LAWS  OP  THE  UNITED  STATES. 

NATURAUZATION. 

mony  of  at  least  two  witnesses,  citizens  of  the  United 
States,  as  to  the  facts  of  residence,  moral  character,  and 
attachment  to  the  principles  of  the  Constitution  shall  be 
required,  and  the  name,  place  of  residence,  and  occupation 
of  each  witness  shall  be  set  forth  in  the  record. 

Fifth.  In  case  the  alien  applying  to  be  admitted  to 
citizenship  has  borne  any  hereditary  title,  or  has  been  of 
any  of  the  orders  of  nobility  in  the  kingdom  or  state  from 
which  he  came,  he  shall,  in  addition  to  the  above  requisites, 
make  an  express  renunciation  of  his  title  or  order  of  no- 
bility in  the  court  to  which  his  application  is  made,  and  his 
renunciation  shall  be  recorded  in  the  court. 

Sixth.  When  any  alien  who  has  declared  his  inten- 
tion to  become  a  citizen  of  the  United  States  dies  before 
he  is  actually  naturalized^  the  widow  and  minor  children 
of  such  alien  may,  by  complying  with  the  other  provisions 
of  this  Act,  be  naturalized  without  making  any  declaration 
of  intention. 

Sec.  5.  That  the  clerk  of  the  court  shall,  immediately 
after  filing  the  petition,  give  notice  thereof  by  posting  in  a 
public  and  conspicuous  place  in  his  office,  or  in  the  build- 
ing in  which  his  office  is  situated,  under  an  appropriate 
heading,  the  name,  nativity,  and  residence  of  the  alien,  the 
date  and  place  of  his  arrival  in  the  United  States,  and  the 
date,  as  nearly  as  may  be,  for  the  final  hearing  of  his  peti- 
tion, and  the  names  of  the  witnesses  whom  the  applicant 
expects  to  summon  in  his  behalf;  and  the  clerk  shall,  if 
the  applicant  requests  it,  issue  a  subpoena  for  the  witnesses 
so  named  by  the  said  applicant  to  appear  upon  the  day  set 
for  the  final  hearing,  but  in  case  such  witness  cannot  be 
produced  upon  the  final  hearing  other  witnesses  may  be 
summoned. 

Sec.  6.  That  petitions  for  naturalization  may  be  made 
and  filed  during  term  time  or  vacation  of  the  court  and 
shall  be  docketed  the  same  day  as  filed,  but  final  action 
thereon  shall  be  had  only  on  stated  days,  to  be  fixed  by 
rule  of  the  court,  and  in  no  case  shall  final  action  be  had 
upon  a  petition  until  at  least  ninety  days  have  elapsed  after 
filing  and  posting  the  notice  of  such  petition:  Provided, 
That  no  person  shall  be  naturalized  nor  shall  any  certificate 
of  naturalization  be  issued  by  any  court  within  thirty  days 
preceding  the  holding  of  any  general  election  within  its 
territorial  jurisdiction.  It  shall  be  lawful,  at  the  time  and 
as  a  part  of  the  naturalization  of  an  alien,  for  the  court,  in 
its  discretion,  upon  the  petition  of  such  alien,  to  make  a 
decree  changing  the  name  of  said  alien,  and  his  certificate 
of  naturalization  shall  be  issued  to  him  in  accordance  there- 
with. 

Sec.  7.  That  no  person  who  disbelieves  in  or  who  is 
opposed  to  organized  government,  or  who  is  a  member  of 
or  affiliated  with  any  organization  entertaining  and  teach- 
ing such  disbelief  in  or  opposition  to  organized  govern- 


ELECTION  LAWS  OP  THE  UNITED  STATES.  18 


NATURALIZATION. 


ment,  or  who  advocates  or  teaches  the  duty,  necessity,  or 
propriety  of  the  unlawful  assaulting  or  killing  of  any  officer 
or  officers,  either  of  specific  individuals  or  of  officers  gen- 
erally, of  the  government  of  the  United  States,  or  of  any 
other  organized  government,  because  of  his  or  their  official 
character,  or  who  is  a  polygamist,  shall  be  naturalized  or 
be  made  a  citizen  of  the  United  States. 

Sec.  8.  That  no  alien  shall  hereafter  be  naturalized 
or  admitted  as  a  citizen  of  the  United  States  who  cannot 
speak  the  English  language :  Provided,  That  this  require- 
ment shall  not  apply  to  aliens  who  are  physically  unable 
to  comply  therewith,  if  they  are  otherwise  qualified  to  be- 
come citizens  of  the  United  States :  And  provided  further, 
That  the  requirements  of  this  section  shall  not  apply  to 
any  alien  who  has  prior  to  the  passage  of  this  Act  declared 
his  intention  to  become  a  citizen  of  the  United  States  in 
conformity  with  the  law  in  force  at  the  date  of  making  such 
declaration:  Provided  further,  That  the  requirements  of 
section  eight  shall  not  apply  to  aliens  who  shall  hereafter 
declare  their  intention  to  become  citizens  and  who  shall 
make  homestead  entries  upon  the  public  lands  of  the  United 
States  and  comply  in  all  respects  with  the  laws  providing 
for  homestead  entries  on  such  lands. 

Sec.  9.  That  every  final  hearing  upon  such  petition 
shall  be  had  in  open  court  before  a  judge  or  judges  thereof, 
and  every  final  order  which  may  be  made  upon  such  peti- 
tion shall  be  under  the  hand  of  the  court  and  entered  in 
full  upon  a  record  kept  for  that  purpose,  and  upon  such 
final  hearing  of  such  petition  the  applicant  and  witnesses 
shall  be  examined  under  oath  before  the  court  and  in  the 
presence  of  the  court. 

Sec.  10.  That  in  case  the  petitioner  has  not  resided  in 
the  State,  Territory,  or  district  for  a  period  of  five  years 
continuously  and  immediately  preceding  the  filing  of  his 
petition  he  may  establish  by  two  witnesses,  both  in  his  peti- 
tion and  at  the  hearing,  the  time  of  his  residence  within 
the  State,  provided  that  it  has  been  for  more  than  one  year, 
and  the  remaining  portion  of  his  five  years*  residence  with- 
in the  United  States  required  by  law  to  be  established  may 
be  proved  by  the  depositions  of  two  or  more  witnesses  who 
are  citizens  of  the  United  States,  upon  notice  to  the  Bureau 
of  Immigration  and  Naturalization  and  the  United  States 
attorney  for  the  district  in  which  said  witnesses  may  reside. 

Sec.  11.  That  the  United  States  shall  have  the  right 
to  appear  before  any  court  or  courts  exercising  jurisdiction 
in  naturalization  proceedings  for  the  purpose  of  cross- 
examining  the  petitioner  and  the  witnesses  produced  in 
support  of  his  petition  concerning  any  matter  touching  or 
in  any  way  affecting  his  right  to  admission  to  citizenship, 
and  shall  have  the  right  to  call  witnesses,  produce  evidence, 
and  be  heard  in  opposition  to  the  granting  of  any  petition 
in  naturalization  proceedings. 


14  BEJCCJTION  LAWS  OF  THE  XJNITISD  STATBS. 

NATURALIZATION. 

Sec.  12.  That  it  is  hereby  made  the  duty  of  the  clerk 
of  each  and  every  comrt  exercising  jurisdiction  in  naturali- 
zation matters  under  the  provisions  of  this  Act  to  keep  and 
file  a  duplicate  of  each  declaration  of  intention  made  before 
him  and  to  send  to  the  Bureau  of  Immigration  and  Nat- 
uralization at  Washington,  within  thirty  days  after  the 
issuance  of  a  certificate  of  citizenship,  a  duplicate  of  such 
certificate,  and  to  make  and  keep  on  file  in  his  office  a  stub 
for  each  certificate  so  issued  by  him,  whereon  shall  be  en- 
tered a  memorandum  of  all  the  essential  facts  set  forth  in 
such  certificate.  It  shall  also  be  the  duty  of  the  clerk  of 
each  of  said  courts  to  report  to  the  said  Bureau,  within 
thirty  days  after  the  final  hearing  and  decision  of  the  court, 
the  name  of  each  and  every  alien  who  shall  be  denied  nat- 
uralization, and  furnish  to  said  Bureau  duplicates  of  all 
petitions  within  thirty  days  after  the  filing  of  the  same,  and 
certified  copies  of  such  other  proceedings  and  orders  insti- 
tuted in  or  issued  out  of  said  court  affecting  or  relating  to 
the  naturalization  of  aliens  as  may  be  required  from  time 
to  time  by  the  said  Bureau. 

In  case  any  such  clerk  or  officer  acting  under  his  di- 
rection shall  refuse  or  neglect  to  comply  with  any  of  the 
foregoing  provisions  he  shall  forfeit  and  pay  to  the  United 
States  the  sum  of  twenty-five  dollars  in  each  and  every  case 
in  which  such  violation  or  omission  occurs,  and  the  amount 
of  such  forfeiture  may  be  recovered  by  the  United  States 
in  an  action  of  debt  against  such  clerk. 

Clerks  of  courts  having  and  exercising  jurisdiction  in 
naturalization  matters  shall  be  responsible  for  all  blank 
certificates  of  citizenship  received  by  them  from  time  to 
time  from  the  Bureau  of  Immigration  and  Naturalization, 
and  shall  account  for  the  same  to  the  said  Bureau  when- 
ever required  so  to  do  by  such  Bureau.  No  certificate  of 
citizenship  received  by  any  such  clerk  which  may  be  de- 
faced or  injured  in  such  manner  as  to  prevent  its  use  as 
herein  provided  shall  in  any  case  be  destroyed,  but  such 
certificate  shall  be  returned  to  the  said  Bureau;  and  in 
case  any  such  clerk  shall  fail  to  return  or  properly  account 
for  any  certificate  furnished  by  the  said  Bureau,  as  herein 
provided,  he  shall  be  liable  to  the  United  States  in  the  sum 
of  fifty  dollars,  to  be  recovered  in  an  action  of  debt,  for 
each  and  every  certificate  not  properly  accounted  for  or 
returned. 

Sec.  13.  That  the  clerk  of  each  and  every  court  ex- 
ercising jurisdiction  in  naturalization  cases  shall  charge, 
collect,  and  account  for  the  following  fees  in  each  pro- 
ceeding : 

For  receiving  and  filing  a  declaration  of  intention  and 
issuing  a  duplicate  thereof,  one  dollar. 

For  making,  filing,  and  docketing  the  petition  of  an 
alien  for  admission  as  a  citizen  of  the  United  States  and 
for  the  final  hearing  thereon,  two  dollars ;  and  for  entering 


ELECTION  LAWS  OF  THE  UNITED  STATES.  li 

NATURALIZATION. 

the  final  order  and  the  issuance  of  the  certificate  of  citizen- 
ship thereunder,  if  granted,  two  dollars. 

The  clerk  of  any  court  collecting  such  fees  is  hereby 
authorized  to  retain  one-half  of  the  fees  collected  by  him; 
in  such  naturalization  proceeding;  the  remaining  one-half 
of  the  naturalization  fees  in  each  case  collected  by  such 
clerks,  respectively,  shall  be  accounted  for  in  their  quar- 
terly accounts,  which  they  are  hereby  required  to  render 
the  Bureau  of  Immigration  and  Naturalization,  and  paid 
over  to  such  Bureau  within  thirty  days  from  the  close  of 
each  quarter  in  each  and  every  fiscal  year,  and  the  moneys 
so  received  shall  be  paid  over  to  the  disbursing  clerk  of 
the  Department  of  Commerce  and  Labor,  who  shall  there- 
upon deposit  them  in  the  Treasury  of  the  United  States, 
rendering  an  account  therefor  quarterly  to  the  Auditor  for 
the  State  and  other  Departments,  and  the  said  disbursing 
clerk  shall  be  held  responsible  under  his  bond  for  said  fees 
so  received. 

In  addition  to  the  fees  herein  required,  the  petitioner 
shall,  upon  the  filing  of  his  petition  to  become  a  citizen  of 
the  United  States,  deposit  with  and  pay  to  the  clerk  of  the 
court  a  sum  of  money  sufficient  to  cover  the  expenses  of 
subpoenaing  and  paying  the  legal  fees  of  any  witnesses  for 
whom  he  may  request  a  subpoena,  and  upon  the  final  dis- 
charge of  such  witnesses  they  shall  receive,  if  they  demand 
the  same  from  the  clerk,  the  customary  and  usual  witness 
fees  from  the  moneys  which  the  petitioner  shaU  have  paid 
to  such  clerk  for  such  purpose,  and  the  residue,  if  any, 
shall  be  returned  by  the  clerk  to  the  petitioner:  Provided, 
That  the  clerks  of  courts  exercising  jurisdiction  in  natural- 
ization proceedings  shall  be  permitted  to  retain  one-half  of 
the  fees  in  any  fiscal  year  up  to  the  sum  of  three  thou- 
sand dollars,  and  that  all  fees  received  by  such  clerks  in 
naturalization  proceedings  in  excess  of  snoh  amount  shall 
be  accounted  for  and  paid  over  to  said  Bureau  as  in  case 
of  other  fees  to  which  the  United  States  may  be  entitled 
under  the  provisions  of  this  Act.  The  clerks  of  the  various 
courts  exercising  jurisdiction  in  naturalization  proceedings 
shall  pay  all  additional  clerical  force  that  may  be  required 
in  performing  the  duties  imposed  by  this  Act  upon  the 
clerks  of  courts  from  fees  received  by  such  clerks  in  nat- 
uralization proceedings.  And  in  case  the  clerk  of  any  court 
collects  fees  in  excess  of  the  sum  of  six  thousand  dollars 
in  any  one  year,  the  Secretary  of  Commerce  and  Labor  may 
allow  to  such  clerk  from  the  money  which  the  United  States 
shall  receive  additional  compensation  for  the  employment 
of  additional  clerical  assistance,  but  for  no  other  purpose, 
if  in  the  opinion  of  the  said  Secretary  the  business  of  such 
clerk  warrants  such  allowance. 

Sec.  14.  That  the  declarations  of  intention  and  the 
petitioners  for  naturalization  shall  be  bound  in  chronologi- 
cal order  in  separate  volumes,  indexed,  consecutively  num- 


16  ELECTION  LAWS  OP  THE  UNITED  STATES. 

NATURALIZATION. 

bered,  and  made  part  of  the  records  of  the  court.  Each 
certificate  of  naturalization  issued  shall  bear  upon  its  face, 
in  a  place  prepared  therefor  the  volume  number  and  page 
number  of  the  petition  whereon  such  certificate  was  issued, 
and  the  volume  number  and  page  number  of  the  stub  of 
such  certificate. 

Sec.  15.  That  it  shall  be  the  duty  of  the  United  States 
district  attorneys  for  the  respective  districts,  upon  affidavit 
showing  good  cause  therefor,  to  institute  proceedings  in 
any  court  having  jurisdiction  to  naturalize  aliens  in  the 
judicial  district  in  which  the  naturalized  citizen  may  reside 
at  the  time  of  bringing  the  suit,  for  the  purpose  of  setting 
aside  and  cancelling  the  certificate  of  citizenship  on  the 
ground  of  fraud  or  on  the  ground  that  such  certificate  of 
citizenship  was  illegally  procured.  In  any  such  proceedings 
the  party  holding  the  certificate  of  citizenship  alleged  to 
have  been  fraudulently  or  illegally  procured  shall  have 
sixty  days'  personal  notice  in  which  to  make  answer  to  the 
petition  of  the  United  States;  and  if  the  holder  of  such 
certificate  be  absent  from  the  United  States,  or  from  the 
district  in  which  he  last  had  his  residence,  such  notice  shall 
be  given  by  publication  in  the  manner  provided  for  the 
service  of  summons  by  publication  or  upon  absentees  by  the 
laws  of  the  State  or  the  place  where  such  suit  is  brought. 

If  any  alien  who  shall  have  secured  a  certificate  of  citi- 
zenship under  the  provisions  of  this  Act  shall,  within  five 
years  after  the  issuance  of  such  certificate,  return  to  the 
country  of  his  nativity,  or  go  to  any  other  foreign  country, 
and  take  permanent  residence  therein,  it  shall  be  consid- 
ered prima  facie  evidence  of  a  lack  of  intention  on  the  part 
of  such  alien  to  become  a  permanent  citizen  of  the  United 
States  at  the  time  of  filing  his  application  for  citizenship, 
and,  in  the  absence  of  countervailing  evidence,  it  shall  be 
sufficient  in  the  proper  proceeding  to  authorize  the  cancel- 
lation of  his  certificate  of  citizenship  as  fraudulent,  and  the 
diplomatic  and  consular  officers  of  the  United  States  in 
foreign  countries  shall  from  time  to  time,  through  the  De- 
partment of  State,  furnish  the  Department  of  Justice  with 
the  names  of  those  within  their  respective  jurisdictions  who 
have  such  certificates  of  citizenship  and  who  have  taken 
permanent  residence  in  the  country  of  their  nativity,  or  in 
any  other  foreign  country,  and  such  statements,  duly  cer- 
tified shall  be  admissible  in  evidence  in  all  courts  in  pro- 
ceedings to  cancel  certificates  of  citizenship. 

Whenever  any  certificate  of  citizenship  shall  be  set 
aside  or  canceled,  as  herein  provided,  the  court  in  which 
such  judgment  or  decree  is  rendered  shall  make  an  order 
cancelling  such  certificate  of  citizenship  and  shall  send  a 
certified  copy  of  such  order  to  the  Bureau  of  Immigration 
and  Naturalization;  and  in  case  such  certificate  was  not 
originally  issued  by  the  court  making  such  order  it  shall 
direct  the  clerk  of  the  court  to  transmit  a  copy  of  guch 


ELECTION  LAWS  OP  THE  UNITED  STATES.  17 

NATURALIZATION. 

order  and  judgment  to  the  court  out  of  which  such  certifi- 
cate of  citizenship  shall  have  been  originally  issued.  And 
it  shall  thereupon  be  the  duty  of  the  clerk  of  the  court  re- 
ceiving such  certified  copy  of  the  order  and  judgment  of 
the  court  to  enter  the  same  of  record  and  to  cancel  such 
original  certificate  of  citizenship  upon  the  records  and  to 
notify  the  Bureau  of  Immigration  and  Naturalization  of 
such  cancellation. 

The  provisions  of  this  section  shall  apply  not  only  to 
certificates  of  citizenship  issued  under  the  provisions  of  this 
Act,  but  to  all  certificates  of  citizenship  which  may  have 
been  issued  heretofore  by  any  court  exercising  jurisdiction 
in  naturalization  proceedings  under  prior  laws. 

Sec.  16.  That  every  person  who  falsely  makes,  forges, 
counterfeits,  or  causes  or  procures  to  be  falsely  made, 
forged,  or  counterfeited,  or  knowingly  aids  or  assists  in 
falsely  making,  forging,  or  counterfeiting  any  certificate 
of  citizenship,  with  intent  to  use  the  same,  or  with  the 
intent  that  the  same  may  be  used  by  some  other  person  or 
persons,  shall  be  guilty  of  a  felony,  and  a  person  convicted 
of  such  offense  shall  be  punished  by  imprisonment  for  not 
more  than  ten  years,  or  by  a  fine  of  not  more  than  ten 
thousand  dollars,  or  by  both  such  fine  and  imprisonment. 

Sec.  17.  That  every  person  who  engraves  or  causes 
or  procures  to  be  engraved,  or  assists  in  engraving,  any 
plate  in  the  likeness  of  any  plate  designed  for  the  printing 
of  a  certificate  of  citizenship,  or  who  sells  any  such  plate, 
or  who  brings  into  the  United  States  from  any  foreign 
place  any  such  plate,  except  under  the  direction  of  the  Sec- 
retary of  Commerce  and  Labor,  or  other  proper  officer,  Eind 
any  person  who  has  in  his  control,  custody,  or  possession 
any  metallic  plate  engraved  after  the  similitude  of  any  plate 
from  which  any  such  certificate  has  been  printed,  with  in- 
tent to  use  such  plate  or  suffer  the  same  to  be  used  in 
forging  or  counterfeiting  any  such  certificate  or  any  part 
thereof;  and  every  person  who  prints,  photographs,  or  in 
any  other  manner  causes  to  be  printed,  photographed,  made, 
or  executed,  any  print  or  impression  in  the  likeness  of  any 
such  certificate,  or  any  part  thereof,  or  who  sells  any  such 
certificate,  or  brings  the  same  into  the  United  States  from 
any  foreign  place,  except  by  direction  of  some  proper  officer 
of  the  United  States,  or  who  has  in  his  possession  a  dis- 
tinctive paper  which  has  been  adopted  by  the  proper  officer 
of  the  United  States  for  the  printing  of  such  certificate, 
with  intent  to  unlawfully  use  tlie  same,  shall  be  punished 
by  a  fine  of  not  more  than  ten  thousand  dollars,  or  by  im- 
prisonment at  hard  labor  for  not  more  than  ten  years,  or 
by  both  such  fine  and  imprisonment. 

Sec.  18.  That  it  is  hereby  made  a  felony  for  any  clerk 
or  other  person  to  issue  or  be  a  party  to  the  issuance  of  a 
certificate  of  citizenship  contrary  to  the  provisions  of  this 
Act,  except  upon  a  final  order  under  the  hand  of  a  court 


IS  ELECTION  LAWS  OP  THE  UNITED  STATES. 

NATURAUZATION. 

having  jurisdiction  to  make  such  order,  and  upon  convic- 
tion thereof  such  clerk  or  other  person  shall  be  punished  by 
imprisonment  for  not  more  than  five  years  and  by  a  fine  of 
not  more  than  five  thousand  dollars,  in  the  discretion  of 
the  court. 

Sec.  19.  That  every  person  who  without  lawful  excuse 
is  possessed  of  any  blank  certificate  of  citizenship  provided 
by  the  Bureau  of  Immigration  and  Naturalization  with  in- 
tent unlawfully  to  use  the  same,  shall  be  imprisoned  at 
hard  labor  not  more  than  five  years  or  be  fined  not  more 
than  one  thousand  dollars. 

Sec.  20.  That  any  clerk  or  other  officer  of  a  court 
having  power  under  this  Act  to  naturalize  aliens,  who  will- 
fully neglects  to  render  true  accounts  of  moneys  received 
by  him  for  naturalization  proceedings  or  who  willfully 
neglects  to  pay  over  any  balance  of  such  moneys  due  to 
the  United  States  within  thirty  days  after  said  payment 
shall  become  due  and  demand  therefor  has  been  made  and 
refused,  shall  be  deemed  guilty  of  embezzlement  of  the  pub- 
lic moneys,  and  shall  be  punishable  by  imprisonment  for 
not  more  than  five  years,  or  by  a  fine  of  not  more  than  five 
thousand  dollars,  or  both. 

Sec.  21.  That  it  shall  be  unlaw^ful  for  any  clerk  of 
any  court  or  his  authorized  deputy  or  assistant  exercising 
jurisdiction  in  naturalization  proceedings,  or  to  demand, 
charge,  collect,  or  receive  any  other  additional  fees  or 
moneys  in  naturalization  proceedings  save  the  fees  and 
moneys  herein  specified ;  and  a  violation  of  any  of  the  pro- 
visions of  this  section  or  any  part  thereof  is  hereby  declared 
to  be  a  misdemeanor  and  shall  b?  punished  by  imprison- 
ment for  not  more  than  two  years,  or  by  a  fine  of  not  more 
than  one  thousand  dollars,  or  by  both  such  fine  and  im- 
prisonment. 

Sec.  22.  That  the  clerk  of  any  court  exercising  juris- 
diction in  naturalization  proceedings,  or  any  person  acting 
under  authority  of  this  Act,  who  shall  knowingly  certify 
that  a  petitioner,  affiant,  or  witness  named  in  an  affidavit, 
petition,  or  certificate  of  citizenship,  or  other  paper  or 
writing  required  to  be  executed  under  the  provisions  of  this 
Act,  personally  appeared  before  him  and  was  sworn  thereto, 
or  acknowledged  the  execution  thereof  or  signed  the  same, 
when  in  fact  such  petitioner,  affiant,  or  witness  did  not 
personally  appear  before  him,  or  was  not  sworn  thereto,  or. 
did  not  execute  the  same,  or  did  not  acknowledge  the  execu- 
.  tion  thereof,  shall  be  punished  by  a  fine  not  exceeding  five 
thousand  dollars,  or  by  imprisonment  not  to  exceed  five 
years. 

Sec.  23.  That  any  person  who  knowingly  procures 
naturalization  in  violation  of  the  provisions  of  this  Act 
shall  be  fined  not  more  than  five  thousand  dollars,  or  shall 
be  imprisoned  not  more  than  five  years,  or  both,  and  upon 
conviction  the  court  in  which  such  conviction  is  had  shall 


ELBCTION  LAWS  OF  THE  UNITED  STATES.  19 

NATURALIZATION. 

thereupon  adjudge  and  declare  the  final  order  admitting 
such  person  to  citizenship  void.  Jurisdiction  is  hereby  con- 
ferred on  the  courts  having  jurisdiction  of  the  trial  of  such 
offense  to  make  such  adjudication.  Any  person  who  know- 
ingly aids,  advises,  or  encourages  any  person  not  entitled 
thereto  to  apply  for  or  to  secure  naturalization,  or  to  file 
the  preliminary  papers  declaring  an  intent  to  become  a 
citizen  of  the  IFnited  States,  or  who  in  any  naturalization 
proceeding  knowingly  procures  or  gives  false  testimony  as 
to  any  material  fact,  or  who  knowingly  makes  an  aflSdavit 
false  as  to  any  material  fact  required  to  be  proved  in  such 
proceeding,  shall  be  fined  not  more  than  five  thousand 
dollars,  or  imprisoned  not  more  than  five  years,  or  both. 

Sec.  24.  That  no  person  shall  be  prosecuted,  tried, 
or  punished  for  any  crime  arising  under  the  provisions  of 
this  Act  unless  the  indictment  is  found  or  the  information 
is  filed  within  five  years  next  after  the  commission  of  such 
crime. 

Sec.  25.  That  for  the  purpose  of  the  prosecution  of 
all  crimes  and  offenses  against  the  naturalization  laws  of 
the  United  States  which  may  have  been  committed  prior 
to  the  date  when  this  Act  shall  go  into  effect,  the  existing 
naturalization  laws  shall  remain  in  full  force  and  effect. 

Sec.  26.  That  sections  twenty-one  hundred  and  sixty- 
five,  twenty-one  hundred  and  sixty-seven,  twenty-one  hun- 
dred and  sixty-eight,  twenty-one  hundred  and  seventy-three, 
of  the  Revised  Statutes  of  t^  e  United  States  of  America, 
and  section  thirty-nine  of  chapter  one  thousand  and  twelve 
of  the  Statutes  at  Large  of  the  United  States  of  America 
for  the  y6ar  nineteen  hundred  and  three,  and  all  Acts  or 
parts  of  Acts  inconsistent  with  or  repugnant  to  the  pro- 
vision of  this  Act  are  hereby  repealed. 

Sec.  27.  That  substantially  the  following  forms  shall 
be  used  in  the  proceedings  to  which  they  relate : 


declaration  of  intention. 

(Invalid  for  all  purposes  seven  years  after  the  date 
hereof.) 


I ,  aged years,  occupation 

,  do  declare  on  oath  (affirm)  that  my  personal 

description  is :     Color ,  complexion 

height ,  weight ,  color  of  hair 

color  of  eyes ,  other  visible  distinctive  marks 

;  I  was  bom  in on  the day  of 

,  anno  Domini ;  I  now  reside  at ; 

I  emigrated  to  the  United  State  of  America  from 

on  the  vessel ;  my  last  foreign  residence  was 

It  is  my  bona  fide  intention  to  renounce  for- 


20  ELECTION  LAWS  OP  THE  UNITED  STATES. 


NATURALIZATION. 

ever  all  allegiance  and  fidelity  to  any  foreign  prince,  po- 
tentate, state,  or  sovereignty,  and  particularly  to 

of  which  I  am  now  a  citizen  (subject)  ;  I  arrived  at  the 

(port)  of ,  in  the  State  (Territory  or  District) 

of on  or  about  the day  of anno 

Domini ;  I  am  not  an  anarchist ;  I  am,  not  a 

polygamist  nor  a  believer  in  the  practice  of  polygamy ;  and 
it  is  my  intention  in  good  faith  to  become  a  citizen  of  the 
United  States  of  America  and  to  permanently  reside  there- 
in.   So  help  me  God. 


(Original  signature  of  declarant) 
Subscribed  and  sworn  to    (affirmed)    before  me  this 
day  of ,  anno  Domini 

[L.S.]     

(Official  character  of  attestor.) 

PETITION  FOR  NATURALIZATION. 

Court  of 

In  the  matter  of  the  petition  of to  be 

admitted  as  a  citizen  of  the  United  States  of  America. 
To  the. Court: 

The  petition  of respectfully  shows. 

First.     My  full  name  is 

Second.     My  place  of  residence  is  number 

street,  city  of ,  State  (Territory 

or  District)  of 

Third.     My  occupation  is 

Fourth.     I  was  born  on  the day  of 

at 

Fifth.     I  emigrated  to  the  United  Statees  from 

on  or  about  the day  of ,  anno  Domini 

,  and  arrived  at  the  port  of ,  in  the 

United  States,  on  the  vessel 

Sixth.     I  declared  my  intention  to  become  a  citizen  of 

the  United  States  on  the day  of at 

,  in  the court  of 

Seventh.     I  am married.     My  wife 's  name  is 

She  was  born  in and  now  resides 

I  have .children  and  the  name,  date, 

and  place  of  birth  and  place  of  residence  of  each  of  said 
children  is  as  follows : 


Eighth.  I  am  not  a  disbeliever  in  or  opposed  to  or- 
ganized government  or  a  member  of  or  afSliated  with  any 
organization  or  body  of  persons  teaching  disbelief  in  or- 
ganized government.  I  am  not  a  polygamist  nor  a  believer 
in  the  practice  of  polygamy.  I  am  attached  to  the  princi- 
ples of  the  Constitution  of  the  United  States,  and  it  is  my 
intention  to  become  a  citizen  of  the  United  States  and  to 
renounce  absolutely  and  forever  all  allegiance  and  fidelity 


ELECTION  LAWS  OP  TEEE  UNITED  STATES.  21 

NATURALIZATION. 

to  any  foreign  prince,  potentate,  state,  or  sovereignty,  and 

particularly  to ,  of  which  at  this  time  I  am  a 

citizen  (or  subject),  and  it  is  my  intention  to  reside  perma- 
nently in  the  United  States. 

Ninth.     I  am  able  to  speak  the  English  language. 

Tenth.  I  have  resided  continuously  in  the  United 
States  of  America  for  a  term  of  five  years  at  least  immedi- 
ately preceding  the  date  of  this  petition,  to- wit,  since 

anno  Domini,  and  in  the  State  (Territory  or 

District)  of for  one  year  at  least  next  preceding 

the  date  of  this  petition,  to-wit,  since day  of 

anno  Domini 

Eleventh.  I  have  not  heretofore  made  petition  for 
citizenship  to  any  court.     (I  made  petition  for  citizenship 

to  the court  of ,  at ,  and 

the  said  petition  was  denied  by  the  said  court  for  the  fol- 
lowing reasons  and  causes,  to-wit, ,  and 

the  cause  of  such  denial  has  since  been  cured  or  removed.) 

Attached  hereto  and  made  a  part  of  this  petition  are 
my  declaration  of  intention  to  become  a  citizen  of  the 
United  States  and  the  certificate  from  the  Department  of 
Commerce  and  Labor  required  by  law.  Wherefore  your 
petitioner  prays  that  he  may  be  admitted  a  citizen  of  the 
United  States  of  America. 

Dated 

(Signature  of  petitioner) 


,  being  duly  sworn,  deposes  and 

says  that  he  is  the  petitioner  in  the  above-entitled  proceed- 
ings ;  that  he  has  read  the  foregoing  petition  and  knows  the 
contents  thereof;  that  the  same  is  true  of  his  own  knowl- 
edge, except  as  to  matters  therein  stated  to  be  alleged  upon 
information  and  belief,  and  that  as  to  those  matters  he 
believes  it  to  .be  true. 

Subscribed  and  sworn  to  before  me  this day 

of ,  anno  Domini 

[L.S.] 

Clerk  of  the Court. 

AFFIDAVIT  OP  WITNESSES. 

Court  of 

In  the  matter  of  the  petition  of to  be 

admitted  a  citizen  of  the  United  States  of  America. 
,ss: 

,  occupation ,  residing  at 

•  •  •  •  • ,  and ,  occupation 

residing  at ,  each  being  severally,  duly,  and  re- 
spectively sworn,  deposes  and  says  that  he  is  a  citizen  of 
the  United  States  of  America ;  that  he  has  personally  known 

,  the  petitioner  above  mentioned, 

to  be  a  resident  of  the  United  States  for  a  period  of  at  least 


ELECTION  LAWS  OF  THE  UNITISD  STATUS. 


NATURALIZATION. 


five  years  continuously  immediately  preceding  the  date  of 
filing  his  petition,  and  of  the  State  (Territory  or  District) 
in  which  the  above-entitled  application  is  made  for  a  period 

of years  immediately  preceding  the  date  of 

filing  his  petition ;  and  that  he  has  personal  knowledge  that 
the  said  petitioner  is  a  person  of  good  moral  character, 
attached  to  the  principles  of  the  Constitution  of  the  United 
States,  and  that  he  is  in  every  way  qualified,  in  his  opinion, 
to  be  admitted  as  a  citizen  of  the  tJnited  States. 


Subscribed  and  sworn  to  before  me  this day 

of ,  nineteen  hundred  and 

[L.S.] 

(Official  character  of  attestor.) 

CERTIFICATE  OF  NATURALIZATION. 

Number 

Petition,  volume ,  page 

Stub,  volume ,  page 

(Signature  of  holder) 

Description  of  holder;  Age, ;  height ; 

color, ;  complexion, ;  color  of  eyes, 

;  color  of  hair, ;  visible  distinguishing 

marks, Name,  age,  and  place  of  residence  of 

wife, names,  ages,  and 

places  of  residence  of  minor  children , 


,  SS : 

Be  it  remembered,  that  at  a .term  of  the 

court  of held  at on  the 

day  of ;  in  the  year  of  our  Lord  nine- 
teen hundred  and ,  who  previous  to  his 

(her)  naturalization  was  a  citizen  or  subject  of 

at  present  residing  at  number street, 

city  (town) , State  (Territory  or 

District),  having  applied  to  be  admitted  a  citizen  of  the 
United  States  of  America  pursuant  to  law,  and  the  court 
having  found  that  the  petitioner  had  resided  continuously 
within  the  United  States  for  at  least  five  years  and  in  this 
State  for  one  year  immediately  preceding  the  date  of  the 
hearing  of  his  (her)  petition,  and  that  said  petitioner  in- 
tends to  reside  permanently  in  the  United  States,  had  in  all 
respects  complied  with  the  law  in  relation  thereto,  and  that 

he  was  entitled  to  be  so  admitted,  it  was  thereupon 

ordered  by  said  court  that .....  he  be  admitted  as  a  citizen 
of  the  United  States  of  America. 

In  testimony  whereof  the  seal  of  said  court  is  hereunto 
affixed  on  the day  of in  thB  yfear 


ELECTION  LAWS  OP  THE  UNITED  STATES.  28 

NATURALIZATION.  _ 

of  our  Lord  nineteen  hundred  and ,  and  of  our 

independence  the 

[L.S.]  

(Official  character  of  attestor.) 

STUB  OP   CERTIFICATE  OP  NATURALIZATION. 

No.  of  certificate 

Name ;  age, 

Declaration  of  intention,  volume ,  page 

Petition,  volume ,  page 

Name,  age,  and  place  of  residence  of  wife 

Names,  ages  and  places  of  residence 

of  minor  children,   


Date  of  order,  volume ,  page 

(Signature  of  holder) 

Sec.  28.  That  the  Secretary  of  Commerce  and  Labor 
shall  have  power  to  make  such  rules  and  regulations  as  may 
be  necessary  for  properly  carrying  into  execution  the  vari- 
ous provisions  of  this  Act.  Certified  copies  of  all  papers, 
documents,  certificates,  and  records  required  to  be  used, 
filed,  recorded,  or  kept  under  any  and  all  of  the  provisions 
of  this  Act  shall  be  admitted  in  evidence  equally  with  the 
originals  in  any  and  all  proceedings  under  this  Act  and  in 
all  cases  in  which  the  originals  thereof  might  be  admissible 
as  evidence. 

Sec.  30.  That  all  the  applicable  provisions  of  the  nat- 
uralization laws  of  the  United  States  shall  apply  to  and  be 
lield  to  authorize  the  admission  to  citizenship  of  all  per- 
sons not  citizens  who  owe  permanent  allegiance  to  the 
United  States,  and  who  may  become  residents  of  any  State 
or  organized  Territory  of  the  United  States,  with  the  fol- 
lowing modifications:  The  applicant  shall  not  be  required 
to  renounce  allegiance  to  any  foreign  sovereignty ;  he  shall 
make  his  declaration  of  intention  to  become  a  citizen  of  the 
United  States  at  least  two  years  prior  to  his  admission ;  and 
residence  within  the  jurisdiction  of  the  United  States,  owing 
such  permanejit  allegiance,  shall  be  regarded  as  residence 
within  the  United  States  within  the  meaning  of  the  five 
years'  residence  clause  of  the  existing  law. 

Sec.  31.  That  this  Act  shall  take  effect  and  be  in 
force  from  and  after  ninety  days  from  the  date  of  its  pas- 
sage :  Provided,  That  sections  one,  two,  twenty-eight,  and 
twenty-nine  shall  go  into  effect  from  and  after  the  passage 
of  this  Act. 

Approved  June  29,  1906. 


PROVISIONS 

OF  THE 


Constitution  of  the  State  of  Ohio 
RELATING  TO  ELECTIONS 


ARTICLE  V. 


Who  may  vote. 


By  baUot. 


Voters,  when 
privileged  from 
arrest. 


Forfeiture  of 
elective  fran- 
chise. 


Persons  not  con- 
sidered residents 
of  the  state. 


Idiots  or  insane 
persons. 

Nomination  of 
elective  officers 
by  direct  vote. 


ELECTIVE  FRANCHISE. 

Sec.  1.  Every  white  male  citizen  of  the  United 
States,  of  the  age  twenty-one  years,  who  shall  have  been 
a  resident  of  the  state  one  year  next  preceding  the  election, 
and  of  the  county,  township,  or  ward,  in  which  he  resides, 
such  time  as  may  be  provided  by  law,  shall  have  the  quali- 
fications of  an  elector,  and  be  entitled  to  vote  at  all  elec- 
tions. 

Note  : — 1.  This  restriction  on  the  elective  franchise  is  now  abrogated  by  the 
14th  and  15th  articles  of  amendment  to  the  Federal  Constitution. 

2.  An  inmate  of  a  county  infirmary  who  has  adopted  the  township  in  which 
the  infirmary  is  situated  as  his  place  of  residence,  having  no  family  elsewhere, 
and  who  possesses  the  other  qualifications  required  by  law,  is  entitled  to  vote  in 
the  township  in  which  said  infirmary  is  situated.  Sturgeon  t.  Korte  34  0.  S. 
525,  533. 

Sue.  2.    All  elections  shall  be  by  ballot. 

For  definition  of  "ballot"  see  State  v.  Board.  80  0.  S.  471. 

Sec.  3.  Electors  during  their  attendance  at  elections, 
and  in  going  to,  and  returning  therefrom,  shall  be  privi- 
leged from  arrest  in  all  cases,  except  treason,  felony,  and 
breach  of  the  peace. 

Sec.  4.  The  general  assembly  shall  have  the  power  to 
exclude  from  the  privilege  of  voting,  or  of  being  eligible 
to  office,  any  person  convicted  of  bribery,  perjury  or  other 
infamous  crimes. 

Sec.  5.  No  person  in  the  military,  naval,  or  marine 
service  of  the  United  States,  shall  by  being  stationed  in 
any  garrison,  or  military,  or  naval  station,  within  the  state, 
be  considered  a  resident  of  this  state. 

Sec.  6.  No  idiot,  or  insane  person,  shall  be  entitled 
to  the  privileges  of  an  elector. 

Sec.  7.  All  nominations  for  elective  state,  district, 
county  and  municipal  offices  shall  be  made  at  direct  primary 
elections  or  by  petition  as  provided  by  law,  and  provision 
shall  be  made  by  law  for  a  preferential  vote  for  United 
States  senator;  but  direct  primaries  shall  not  be  held  for 

(24) 


PROVISIONS  OF  THE  CONSTITUTION  OP  OHIO.  26 

RELATING   TO   ELECTIONS. 

the  nomination  of  township  officers  or  for  the  officers  of  JJJ^^JpjJ^^ 
municipalities  of  less  than  two  thousand  population,  unless  townships  or 
petitioned  for  by  a  majority  of  the  electors  of  such  town-  Km  toJnf.ooo 
ship  or  municipality.    All  delegates  from  this  state  to  the  population, 
national  convention  of  political  parties  shall  be  chosen  by 
direct  vote  of  the  electors.     Each  candidate  for  such  dele- 
gate shall  state  his  first  and  second  choices  for  the  presi- 
dency, which  preferences  shall  be  printed  upon  the  primary 
ballot  below  the  name  of  such  candidate,  but  the  name  of 
no  candidate  for  the  presidency  shall  be  so  used  without 
his  written  authority. 

ARTICLE  XVII. 

Sec.  1.  Elections  for  state  and  county  officers  S^lfec'tiow.^*" 
shall  be  held  on  the  first  Tuesday  after  the  first  Monday  in 
November  in  the  even  numbered  years;  and  all  elections 
for  all  other  elective  officers  shall  be  held  on  the  first 
Tuesday  after  the  first  Monday  in  November  in  the  odd 
numbered  years. 

Sec.  2.  The  term  of  office  of  the  governor,  lieutenant  JS™.**' 
governor,  attorney-general,  secretary  of  state  and  treasurer 
of  state  shall  be  two  years,  and  that  of  the  auditor  of 
state  shall  be  four  years.  The  term  of  office  of  the  judges 
of* the  supreme  court  and  circuit  court  shall  be  such 
even  number  of  years  not  less  than  six  (6)  years  as  may 
be  prescribed  by  the  general  assembly;  that  of  the  judges 
of  the  common  pleas  court  six  (6)  years  and  of  the  judges 
of  the  probate  court,  four  (4)  years,  and  that  of  other 
judges  shall  be  such  even  number  of  years  not  exceeding 
six  (6)  years  as  may  be  prescribed  by  the  general  assembly. 
The  term  of  office  of  justices  of  the  peace  shall  be  such 
even  number  of  years  not  exceeding  four  (4)  years  as 
may  be  so  prescribed;  and  the  term  of  office  of  the  mem- 
bers of  the  board  of  public  works  shall  be  such  even  num- 
ber of  years  not  exceeding  six  (6)  years  as  may  be  pre- 
scribed ;  and  the  term  of  office  of  all  elective  county,  town- 
ship, municipal  and  school  officers  shall  be  such  even  num- 
ber of  years  not  exceeding  four  (4)  years  as  may  be  so 
prescribed. 

And  the  general  assembly  shall  have  power  to  so 
extend  existing  terms  of  office  as  to  effect  the  purpose  of 
section  1  of  this  article. 

Any  vacancy  which  may  occur  in  any  elective  state 
office  other  than  that  of  a  member  of  the  general  assembly 
or  of  governor,  shall  be  filled  by  appointment  by  the  gov- 
ernor until  the  disability  is  removed,  or  a  successor  elected  ^»««n«*««' 
and  qualified.  Every  such  vacancy  shall  be  filled  by  elec- 
tion at  the  first  general  election  for  the  office  which  is 
vacant,  that  occurs  more  than  thirty  (30)  days  after  the 
vacancy  shall  have  occurred.  The  person  elected  shall  fill 
the  office  for  the  unexpired  term.  All  vacancies  in  other 
elective  offices  shall  be  filled  for  the  unexpired  term  in 
such  manner  as  may  be  prescribed  by  law. 


26 


PROVISIONS  OF  THE  CONSTITUTION  OF  OHIO. 


Sec.  3.  Every  elective  officer  holding  office  when  this 
amendment  is  adopted,  shall  continue  to  hold  such  office 
for  the  full  term  for  which  he  was  elected,  and  until  his 
successor  shall  be  elected  and  qualified  as  provided  by  law. 


Right  reserved 
to  propose  laws 
and  amendments 
to  the  constitu- 
tion and  to  adopt 
or  reject  the 
same  at  the  polls. 


Percentum  re- 
quired to  pro- 
pose an  amend- 
ment: flUnK 
petition. 


ARTICLE  II. 

LEGISLATIVE. 

Sec.  1.  The  legislative  power  of  the  state  shall  be 
vested  in  a  general  assembly  consisting  of  a  senate  and 
house  of  representatives  but  the  people  reserve  to  them- 
selves the  power  to  propose  to  the  general  assembly  laws 
and  amendments  to  the  constitution,  and  to  adopt  or  reject 
the  same  at  the  polls  on  a  referendum  vote  as  hereinafter 
provided.  They  also  reserve  the  power  to  adopt  or  reject 
any  law,  section  of  any  law  or  any  item  in  any  law  ap- 
propriating money  passed  by  the  general  assembly,  except 
as  hereinafter  provided;  and  independent  of  the  general 
assembly  to  propose  amendments  to  the  constitution  and  to 
adopt  or  reject  the  same  at  the  polls.  The  limitations  ex- 
pressed in  the  constitution,  on  the  power  of  the  general 
assembly  to  enact  laws,  shall  be  deemed  limitations  on  the 
power  of  the  people  to  enact  laws.  (Adopted  Sept.  3, 
1912.) 

The  people  also  reserve  to  themselves  the  legislative 
power  of  the  referendum  on  the  action  of  the  General  As- 
sembly ratifying  any  proposed  amendment  to  the  Consti- 
tution of  the  United  States. 

No  such  ratification  shall  go  into  effect  until  ninety 
days  after  it  shall  have  been  adopted  by  the  General  Assem- 
bly. When  a  petition  signed  by  six  per  centum  of  the 
electors  of  the  state  as  is  provided  for  a  referendum  peti- 
tion on  laws  passed  by  the  General  Assembly  shall  have 
been  filed  with  the  Secretary  of  State  within  ninety  days 
after  said  ratification  by  the  General  Assembly,  ordering 
that  such  ratification  be  submitted  to  the  electors  of  the 
state  for  their  approval  or  rejection,  the  Secretary  of  State 
shall  submit  to  the  electors  of  the  state  for  their  approval 
or  rejection  said  ratification  in  the  manner  provided  for  the 
submission  by  referendum  of  a  law  passed  by  the  General 
Assembly,  and  said  action  of  the  General  Assembly  ratify- 
ing the  said  amendment  to  the  Constitution  of  the  United 
States  shall  not  go  into  effect  until  and  unless  approved 
by  a  majority  of  those  voting  upon  the  same.  All  the  pro- 
visions of  this  article  on  the  subject  of  the  referendum  upon 
laws  passed  by  the  General  Assembly  shall  apply  hereto, 
so  far  as  the  same  are  applicable,  except  that  the  General 
Assembly  may  not  declare  its  ratification  of  a  proposed 
amendment  to  the  Constitution  of  the  United  States  an 
emergency  not  subject  to  the  referendum.  (Adopted  Nov. 
5,  1918.) 

Sec.  la.  The  first  aforestated  power  reserved  by  the 
people  is  designated  the  initiative,  and  the  signatures  of 
tem  per  centum  of  the  electors  shall  be  required  npon  a 


PROVISIONS  OP  THE  CONSTITUTION  OF  OHIO.  27 

petition  to  propose  an  amendment  to  the  constitution. 
When  a  petition  signed  by  the  aforesaid  required  number  of 
electors,  shall  have  been  filed  with  the  secretary  of  state, 
and  verified  as  herein  provided,  proposing  an  amendment 
to  the  constitution,  the  full  text  of  which  shall  have  been 
set  forth  in  such  petition,  the  secretary  of  state  shall  submit 
for  the  approval  or  rejection  of  the  electors,  the  proposed 
amendment,  in  the  manner  hereinafter  provided,  at  the 
next  succeeding  regular  or  general  election  in  any  year 
occurring  subsequent  to  ninety  days  after  the  filing  of  such 
petition.  The  initiative  petitions,  above  described,  shall 
have  printed  across  the  top  thereof:  ** Amendment  to  the 
Constitution  Proposed  by  Initiative  Petition  to  be  Sub- 
mitted Directly  to  the  Electors. ' '    (Adopted  Sept.  3, 1912.) 

The  language  of  the  constitution  definitely  and  distinctly  was  intended  to 
appropriate  the  general  state  election  machinery  for  the  adoption  or  rejection  of 
amendments  to  the  constitution  proposed  under  its  provisions.  G.  C.  Sec.  4785 
must  be  presumed  to  have  been  in  contemplation  of  both  fraraers  of  the  constitu- 
tional amendments  and  the  legislature.  Its  provisions,  as  well  as  those  of  the 
constitution,  are  sufficient  to  require  the  elections  on  amendments  to  be  conducted 
according  to  law.  Furthermore  G.  C.  Sec.  5019  was  specially  amended  to  provide 
for  election  on  referendum  of  laws  and  consrtitutional  amendments,  and  is  ade- 
quate for  that  purpose:  Hocljett  v.  Liquor  License  Board,  16  0.  N.  P.  (N.  S.)  417, 
25  O.  D.  (N.  P.)  117  (affirmed  by  the  court  of  appeals,  which  was  affirmed, 
Hockett  V.  Liquor  Licensing  Board,  91  0.  S.  176). 

Sec.  lb.  When  at  any  time,  not  less  than  ten  days  Percentum  re- 
prior  to  the  commencement  of  any  session  of  the  general  J^iw*  *°  propose 
assembly,  there  shall  have  been  filed  with  the  secretary 
of  state  a  petition  signed  by  three  per  centum  of  the  elec- 
tors and  verified  as  herein  provided,  proposing  a  law,  the 
full  text  of  which  shall  have  been  set  forth  in  such  petition, 
the  secretary  of  state  shall  transmit  the  same  to  the  gen- 
eral assembly  as  soon  as  it  convenes.  If  said  proposed 
law  shall  be  passed  by  the  general  assembly,  either  as  pe- 
titioned for  or  in  an  amended  form,  it  shall  be  subject  to  when  proposed 
the  referendum.  If  it  shall  not  be  passed,  or  if  it  shall  be  ferred  ^o  eiec'-*' 
passed  in  an  amended  form,  or  if  no  action  shall  be  taken  m^^S'^petition. 
thereon  within  four  months  from  the  time  it  is  received 
by  the  general  assembly,  it  shall  be  submitted  by  the  secre- 
tary of  state  to  the  electors  for  their  approval  or  rejection 
at  the  next  regular  or  general  election,  if  such  submission 
shall  be  demanded  by  supplementary  petition  verified  as 
herein  provided  and  signed  by  not  less  than  three  per 
centum  of  the  electors  in  addition  to  those  signing  the 
original  petition,  which  supplementary  petition  must  be 
signed  and  filed  with  the  secretary  of  state  within  ninety 
days  after  the  proposed  law  shall  have  been  rejected  by  the 
general  assembly  or  after  the  expiration  of  such  term  of 
four  months,  if  no  action  has  been  taken  thereon,  or  after 
the  law  as  passed  by  the  general  assembly  shall  have  been 
filed  by  the  governor  in  the  office  of  the  secretary  of 
state.  The  proposed  law  shall  be  submitted  in  the  form 
demanded  by  such  supplementary  petition,  which  form  shall 
be  either  as  first  petitioned  for  or  with  any  amendment  or 
amendments  which  may  have  been  incorporated  therein 
by  either  branch  or  by  both  branches  of  the  general  as- 
sembly.     If  a  proposed  law  so  submitted  is   approved 


2S 


PROVISIONS  OF  TH2  CONSTITUTION  OF  OHIO. 


How  Initiative 
Petition  shall  be 
primted:  ballot 
submittins  the 


When  proposed 
law  or  amend- 
ment. If  ap- 
proved, shall 
take  effect. 


Percentum  re- 
quired to  refer 
a  law,  etc..  to 
the  electon; 

filing  petition. 


by  a  majority  of  the  electors  voting  thereon,  it  shaU 
be  the  law  and  shall  go  into  effect  as  herein  pro- 
vided in  lieu  of  any  amended  form  of  said  law  which  may 
have  been  passed  by  the  general  assembly,  and  such 
amended  law  passed  by  the  general  assembly  shall  not  go 
into  effect  until  and  unless  the  law  proposed  by  supple- 
mentary petition  shall  have  been  rejected  by  the  electors. 
All  such  initiative  petitions,  last  above  described,  shall  have 
printed  across  the  top  thereof,  in  case  of  proposed  laws: 
''Law  Proposed  by  Initiative  Petition  First  to  be  Sub- 
mitted to  the  General  Assembly."  Ballots  shall  be  so 
printed  as  to  permit  an  affirmative  or  negative  vote  upon 
each  measure  submitted  to  the  electors.  Any  proposed 
law  or  amendment  to  the  constitution  submitted  to  the 
electors  as  provided  in  section  la  and  section  lb,  if  approved 
by  a  majority  of  the  electors  voting  thereon,  shall  take  ef- 
fect thirty  days  after  the  election  at  which  it  was  approved 
and  shall  be  published  by  the  secretary  of  state.  If  con- 
flicting proposed  laws  or  conflicting  proposed  amendments 
to  the  constitution  shall  be  approved  at  the  same  election 
by  a  majority  of  the  total  number  of  votes  cast  for  and 
against  the  same,  the  one  receiving  the  highest  number  of 
affirmative  votes  shall  be  the  law,  or  in  the  case  of  amend- 
ments to  the  constitution  shall  be  the  amendment  to  the 
constitution.  No  law  proposed  by  initiative  petition  and 
approved  by  the  electors  shaU  be  subject  to  the  veto  of  the 
governor.    (Adopted  Sept.  3,  1912.) 

There  is  no  statutory  proceeding  for  contesting  an  election  under  a  state 
referendum  at  which  amendments  to  the  constitution  are  submitted  to  the  electors 
of  the  ertate :    State  ex  rel.  v.  Graves.  91  0.  S.  113. 

The  courts  can  not  enjoin  a  referendum  proceeding  under  this  section  on  the 
ground  that  the  proposed  law  which  is  to  be  submitted  to  the  electors  will  be 
unconstitutional  If  enacted :    Pfeifer  v.  Graves,  88  0,  S.  473. 

An  initiated  law,  which  has  been  introduced  into  the  house  of  representa- 
tives, in  compliance  with  this  section,  and  referred  to  the  proper  committee,  which 
reported  it  back  with  amendments  which  were  agreed  to  by  the  house,  which  took 
no  further  action  upon  it,  may  be  submitted  as  thus  amended  to  the  electors  of 
the  state  in  due  time  after  a  supplementary  petition  properly  signed  and  verified 
has  been  filed  with  the  secretary  of  state  demanding  its  submission  in  its  amended 
form.  Amendments  to  the  proposed  law,  thus  reported  and  agreed  to,  are  thereby 
Incorporated  in  It  as  required  by  said  section :    Pfeifer  v.  Graves,  88  0.  S.  473. 

Sec.  Ic.  The  second  aforestated  power  reserved  by 
the  people  is  designated  the  referendum,  and  the  signatures 
of  six  per  centum  of  the  electors  shall  be  required  upon  a 
petition  to  order  the  submission  to  the  electors  of  the  state 
for  their  approval  or  rejection,  of  any  law,  section  of  any 
law  or  any  item  in  any  law  appropriating  money  passed 
by  the  general  assembly.  No  law  passed  by  the  general 
assembly  shall  go  into  effect  until  ninety  days  after  it  shall 
have  been  filed  by  the  governor  in  the  office  of  the  secre- 
tary of  state,  except  as  herein  provided.  When  a  petition, 
signed  by  six  per  centum  of  the  electors  of  the  state  and 
verified  as  herein  provided,  shall  have  been  filed  with  the 
secretary  of  state  within  ninety  days  after  any  law  shall 
have  been  filed  by  the  governor  in  the  office  of  the  secretary 
of  state,  ordering  that  such  law,  section  of  such  law  or 
any  item  in  such  law  appropriating  money  be  submitted  to 


PROVISIONS  OP  THE  CONSTITUTION  OP  OHIO. 


29 


the  electors  of  the  state  for  their  approval  or  rejection, 
the  secretary  of  state  shall  submit  to  the  electors  of  the 
state  for  their  approval  or  rejection  such  law,  section  or 
item,  in  the  manner  herein  provided,  at  the  next  succeeding 
regular  or  general  election  in  any  year  occurring  subse- 
quent to  sixty  days  after  the  filing  of  such  petition,  and 
no  such  law,  section  or  item  shall  go  into  effect  until  and 
unless  approved  by  a  majority  of  those  voting  upon  the 
same.  If,  however,  a  referendum  petition  is  filed  against 
any  such  section  or  item,  the  remainder  of  the  law  shidl 
not  thereby  be  prevented  or  delayed  from  going  into  effect. 
(Adopted  Sept.  3, 1912.) 

The  term  "legislature"  In  Art.  I,  Sec.  4,  of  the  United  States  constitution, 
comprehends  the  entire  legislative  power  of  the  state;  and.  as  so  used.  Includes 
not  only  the  two  branchM  of  the  general  assembly,  but  the  popular  will  as  ex- 
pressed In  the  referendum  provided  for  in  this  section  and  In  Art.  U,  Sec.  1 : 
state,  ex  rel.,  v.  Hildebrandt.  94  0.  S. 

The  referendum  constitutes  a  part  of  the  state  constitution  and  laws.  Accord- 
ingly, under  the  federal  statute  (C.  5,  37  Stats,  at  Large,  p.  13,  Sec.  4  U.  S. 
Compiled  Stats.  (1913),  Sec.  18;  Act  of  August  8,  1911),  which  provides  that  the 
redistricting  shall  be  made  by  each  state  "in  the  manner  provided  by  the  laws 
thereof,"  a  statutory  provision  such  as  G.  C.  Sec.  4828-1  (106  v.  474)  may  be 
defeated  by  a  referendum  election  under  the  provisions  of  Art.  II,  Sec.  1,  et  seq., 
of  the  constitution  of  Ohio,  as  amended  September  3.  1912;  and  In  such  case  the 
prior  statute  which  fixes  the  districts  for  the  election  of  members  of  the  house  of 
representatives  of  the  congress  of  the  United  States  remains  In  action :  State,  ex 
rel.,  v.  Hildebrandt,  241  U.  S.  565. 

Where  evidence  is  offered  tending  to  prove  that  many  of  the  parts  of  a  peti- 
tion, altogether  purporting  to  be  verified  by  aflQdavit.  were  not  In  fact  sworn  to, 
as  required  by  the  constitution,  the  state  supervisor  of  elections  may  reject  any 
or  all  sruch  parts,  although  there  is  a  conflict  of  evidence  upon  that  question, 
unless  his  decision  in  that  behalf  is  so  manifestly  and  palpably  against  the  weight 
of  the  evidence  as  to  show  fraud,  corruption  or  an  abuse  of  discretion  oh  his  part : 
State,  ex  rel.,  r.  Graves,  90  0.  8.  SIL 

Sec.  Id.  Laws  providing  for  tax  levies,  appropria-  f^^^^^^^iiil"**" 
tions  for  the  current  expenses  of  the  state  government  and  referendum, 
state  institutions,  and  emergency  laws  necessary  for  the 
immediate  preservation  of  the  public  peace,  health  or 
safety,  shall  go  into  immediate  effect.  Such  emergency 
laws  upon  a  yea  and  nay  vote  must  receive  the  vote  of 
two-thirds  of  all  the  members  elected  to  each  branch  of  the 
general  assembly,  and  the  reasons  for  such  necessity  shall 
be  set  forth  in  one  section  of  the  law,  which  section  shall 
be  passed  only  upon  a  yea  and  nay  vote,  upon  a  separate 
roll  call  thereon.  The  laws  mentioneci  in  this  section 
shall  not  be  subject  to  the  referendum.  (Adopted  Sept. 
3, 1912.) 

If  two  bills  upon  the  same  subject-matter  are  passed  by  the  legislature  at  dif- 
ferent times,  and  if  the  governor  affixes  his  signature  first  to  the  bill  which  was 
passed  last,  and  then  to  the  bill  which  was  passed  first,  it  is  said  that  the  bill 
which  was  passed  last  and  which  was  signed  by  the  governor  first  is  in  force  and 
repeals  the  bill  which  was  passed  first  and  was  signed  by  the  governor  last.  In 
any  event.  If  the  statute  does  not  provide  for  a  tax  levy  or  an  appropriation,  and  Is 
not  an  emergency  measure  under  the  provisions  of  this  section,  as  adopted  Sep- 
tember 3,  1912,  it  takes  effect  according  to  the  terms  of  Art.  II,  Sec.  Ic,  of  the 
constitution  of  Ohio,  as  adopted  September  3,  1912,  ninety  days  after  it  has  been 
filed  with  the  secretary  of  state,  without  regard  to  the  order  In  which  the  gover- 
nor signed  the  two  bills :  and  if  the  act  which  was  approved  first  was  filed  with 
the  secretary  of  state  a  day  after  the  other  act,  the  act  which  was  filed  last  with 
the  secretary  of  state  supersedes  the  prior  statute :    State  v.  Lathrop,  93  0.  S.  79. 


Sec.  le.  The  powers  defined  herein  as  the  "initiative" 
and  ** referendum"  shall  not  be  used  to  pass  a  law  authoriz- 
ing any  classification  of  property  for  the  purpose  of  levying 
different  rates  of  taxation  thereon  or  of  authorizing  the 
levy  of  any  single  tax  on  land  or  land  values  or  land  sites 


I.  and  R.  shall 
not  be  used  to 
classify  property 
or  levy  single 
tax. 


ao 


PROVISIONS  OF  THE  CONSTITUTION  OF  OHIO. 


I.  and  R.  powers 
reserred  to 
municipalities. 


What  petition  or 
part  petitions 
shall  contain ; 
qualifications 
of  signer. 


8isnlnK  petition; 
aflSdavit  of 
solicitor. 


Petition  and 
sienatures  pre- 
sumed to  be  suf- 
fleient  unless 
otherwise 
proved ;   addi- 
tional signa- 
tures. 


at  a  higher  rate  or  by  a  different  rule  than  is  or  may  be 
applied  to  improvements  thereon  or  to  personal  property. 
(Adopted  Sept.  3,  1912.) 

For  a  discussion  of  the  scope  and  effect  of  the  initiative  and  referendum  pro- 
visions, see  State,  ex  rel,  v.  Clendening,  93  0.  S.  264  (cited  and  follows.  State, 
ex  rel.  v.  Rose,  93  0.  S.  284). 

Sec.  If.  The  initiative  and  referendum  powers  are 
hereby  reserved  to  the  people  of  each  municipality  on  all 
questions  which  such  municipalities  may  now  or  hereafter 
be  authorized  by  law  to  control  by  legislative  action;  such 
powers  shall  be  exercised  in  the  manner  now  or  hereafter 
provided  by  law.     (Adopted  Sept.  3,  1912.) 

The  initiatlTe  and  referendum  powers  which  are  reserved  to  the  people  of  each 
municipality  are  the  powers  which  are  limited  by  Art.  II,  Sec.  Id,  of  the  consti- 
tution of  Ohio,  so  as  not  to  apply  to  emergency  laws:  Shryock  v.  Zanesville.  92 
0.  S.  875. 

Sec.  Ig.  Any  initiative,  supplementary  or  referendum 
petition  may  be  presented  in  separate  parts  but  each  part 
shall  contain  a  full  and  correct  copy  of  the  title,  and  text 
of  the  law,  section  or  item  thereof  sought  to  be  yeferred, 
or  the  proposed  law  or  proposed  amendment  to  the  consti- 
tution. Each  signer  of  any  initiative,  supplementary  or 
referendum  petition  must  be  an  elector  of  the  state  and 
shall  place  on  such  petition  after  his  name  the  date  of 
signing  and  his  place  of  residence.  A  signer  residing  out- 
side of  a  municipality  shall  state  the  township  and  county 
in  which  he  resides.  A  resident  of  a  municipality  shall 
state  in  addition  to  the  name  of  such  municipality,  the 
street  and  number,  if  any,  of  his  residence  and  the  ward 
and  precinct  in  which  the  same  is  located.  The  names  of 
all  signers  to  such  petitions  shall  be  written  in  ink,  each 
signer  for  himself.  To  each  part  of  such  petition  shaU  be 
attached  the  affidavit  of  the  person  soliciting  the  signatures 
to  the  same,  which  affidavit  shall  contain  a  statement  of 
the  number  of  the  signers  of  such  part  of  such  petition 
and  shall  state  that  each  of  the  signatures  attached  to  such 
part  was  made  in  the  presence  of  the  affiant,  that  to  the 
best  of  his  knowledge  and  belief  each  signature  on  such 
part  is  the  genuine  signature  of  the  person  whose  name  it 
purports  to  be,  that  he  believes  the  persons  who  have  signed 
it  to  be  electors,  that  they  so  signed  said  petition  with 
knowledge  of  the  contents  thereof,  that  each  signer  signed 
the  same  on  the  date  stated  opposite  his  name;  and  no 
other  affidavit  thereto  shall  be  required.  The  petition  and 
signatures  upon  such  petitions,  so  verified,  shall  be  pre- 
sumed to  be  in  all  respects  sufficient,  unless  not  later  than 
forty  days  before  the  election,  it  shall  be  otherwise  proved 
and  in  such  event  ten  additional  days  shall  be  allowed  for 
the  filing  of  additional  signatures  to  such  petition.  No 
law  or  amendment  to  the  constitution  submitted  to  the  elec- 
tors by  initiative  and  supplementary  petition  and  receiving 
an  affirmative  majority  of  the  votes  cast  thereon,  shall  be 
held  unconstitutional  or  void  on  account  uf  the  insufficiency 
of  the  petitions  by  which  said  submission  of  the  same  was 


PROVISIONS  OP  THE  CONSTITUTION  OP  OHIO.  31 

procured;  nor  shall  the  rejection  of    any  law  submitted 
by  referendum  petition  be  held  invalid  for  such  insuflS- 
ciency.    Upon  all  initiative,  supplementary  and  referendum  Not  lew  than 
petitions  provided  for  in  any  of  the  sections  of  this  article,  designated  Jer- 
it  shall  be  necessary  to  file  from  each  of  one-half  of  the  ?JJ^^e\cTof"* 
counties  of  the  state,  petitions  bearing  the  signatures  of  one-haif  of  the 
not  less  than  one-half  of  the  designated  percentage  of  the 
electors  of  such  county.     A  true  copy  of  all  laws  or  pro- 
posed laws  or  proposed  amendments  to  the  constitution, 
together  with  an  argument  or  explanation,  or  both,  for, 
and  also  an  argument  or  explanation,  or  both,  against  the 
same,  shall  be  prepared.     The  person  or  persons  who  pre-  printing  and 
pare  the  argument  or  explanation,  or  both,  against  any  copiea'of^pro-' 
law,  section  or  item,  submitted  to  the  electors  by  referen-  posed  laws  and 
dum  petition,  may  be  named  in  such  petition  and  the  per-  gSher^with  *°' 
sons  who  prepare  the  argument  or  explanation,  or  both,  for  tnd^aBrinst'toe 
any  proposed  law  or  proposed  amendment  to  the  constitu-  wm©. 
tion  may  be  named  in  the  petition  proposing  the  same.    The 
person  or  persons  who  prepare  the  argument  or  explana- 
tion, or  both,  for  the  law,  section  or  item,  submitted  to  the 
electors  by  referendum  petition,  or  against  any  proposed 
law  submitted  by  supplementary  petition,  shall  be  named 
by  the  general  assembly,  if  in  session,  and  if  not  in  session 
then  by  the  governor.     The  secretary  of  state  shall  cause 
to  be  printed  the  law,  or  proposed  law,  or  proposed  amend- 
ment to  the  constitution,  together  with  the  arguments  and 
explanations,  not  exceeding  a  total  of  three  hundred  words 
for  each,  and  also  the  arguments  and  explanations,  not  ex- 
ceeding a  total  of  three  hundred  words  against  each,  and 
shall  mail,  or  otherwise  distribute,  a  copy  of  such  law,  or 
proposed  law,  or  proposed  amendment  to  the  constitution, 
together  with  such  arguments  and  explanations  for  and 
against  the  same  to  each  of  the  electors  of  the  state,  as  far 
as  may  be  reasonably  possible.     Unless  otherwise  provided 
by  law,  the  secretary  of  state  shall  cause  to  be  placed  upon 
the  ballots,  the  title  of  any  such  law,  or  proposed  law,  or 
proposed  amendment  to  the  constitution,  to  be  submitted. 
He  shall  also  cause  the  ballots  so  to  be  printed  as  to  permit  Preparation  and 
an  aflSrmative  or  negative  vote  upon  each  law,  section  of  bauot?.^  ^' 
law,  or  item  in  a  law  appropriating  money,  or  proposed 
law  or  proposed  amendment  to  the  constitution.     The  style 
of  all  laws  submitted  by  initiative  and  supplementary  pe- 
tition shall  be:    "Be  it  Enacted  by  the  People  of  the  State 
of  Ohio,'*  and  of  all  constitutional  amendments:     *'Be  It 
Resolved  by  the  People  of  the  State  of  Ohio. ' '    The  basis  Basis  upon 

■,.',,■,  r      ,  ,  «        ....  .  which  number  of 

upon  which  the  required  number  of  petitioners  m  any  case  petitioners 
shall  be  determined  shall  be  the  total  number  of  votes  cast  <i«te"°ine^ 
for  the  oflBce  of  governor  at  the  last  preceding  election 
therefor.  The  foregoing  provisions  of  this  section  shall  be 
self-executing,  except  as  herein  otherwise  provided.  Laws 
may  be  passed  to  facilitate  their  operation,  but  in  no  way 
limiting  or  restricting  either  such  provision  or  the  powers 
herein  reserved.     (Adopted  Sept.  3,  1912.) 


32 


PROVISIONS  OF  THE  CONSTITUTION  OF  OHIO. 


An  affidavit  intentionally  and  knowingly  false  attached  to  any  part  of  a 
petition  Is  not  a  compliance  with  the  provisions  of  Art.  II,  Sec.  Ig,  of  the  consti- 
tution of  the  state,  and  the  part  of  a  petition  to  which  such  false  affidavit  is 
attached,  must  be  rejected  entirely,  the  same  as  a  part  to  which  no  affidavit  is 
attached,  whether  it  contains  genuine  names  or  not,  for  the  reason  that  it  lacks 
the  affidavit  required  by  the  constitution :    State,  ex  rel.,  v.  Graves,  90  0.  S.  311. 

Where  evidence  is  offered  tending  to  prove  that  many  of  the  parts  of  a  peti- 
tion, altogether  purporting  to  be  verified  by  affidavit,  were  not  in  fact  sworn  to, 
as  required  by  the  constitution,  the  state  supervisor  of  elections  m^iy  reject  any  or 
all  such  parts,  although  there  is  a  conflict  of  evidence  upon  that  question,  unless 
his  decision  in  that  behalf  is  so  manifestly  and  palpably  against  the  weight  of 
the  evidence  as  to  show  fraud,  corruption  or  an  abuse  of  discreion  on  his  part : 
State,  ex  rel.,  v.  Graves,  90  0.  S.  311. 

This  section  not  only  peremptorily  commands  the  secretary  of  state  to  cause 
to  be  printed  an  argument  and  explanation,  or  both,  against  any  proposed 
amendment  to  the  constitution,  and  to  mail,  or  otherwise  distribute  the  same,  to- 
gether with  a  copy  of  such  proposed  amendment  and  argument  and  explanation, 
or  both,  for  such  amendment,  to  each  of  the  electors  of  the  state,  as  far  as  may 
be  reasonably  possible,  but  further  expressly  provides  that  this  with  other  provi- 
sions found  in  this  section  of  the  constitution  "shall  be  self- executing :"  State, 
ex  rel.,  v.  Hildebrandt,  93  0.  S.  1. 

It  is  the  official  duty  of  the  secretary  of  state  to  obey  this  section  which  per- 
emptorily commands  the  secretary  of  state  to  cause  to  be  printed  an  argument 
and  explanation,  or  both,  against  any  proposed  amendment  to  the  constitution 
and  to  mail,  or  otherwise  distribute  the  same,  together  with  a  copy  of  such  pro- 
posed amendment,  to  each  of  the  electors  of  the  state,  as  far  as  may  be  reason- 
ably possible,  and  which  further  expressly  provides  that  this  with  other  provi- 
sions found  in  this  section  of  the  constitution  "shall  be  self- executing,"  although 
neither  the  constitution  nor  the  laws  of  the  state  specifically  provide  in  detail, 
the  manner  and  method  of  selecting  the  person  or  persons  who  shall  prepare  and 
file  such  argument  and  explanation:    State,  ex  rel.,  v.  Hildebrandt,  93  O.  S.  1. 


RELATING    TO    THE    FILLING    OF    VACANCIES    IN    ELECTIVE    STATE    OFFICES 
AND  JUDGESHIPS. 

VACANCIES. 


Vseaney  in 
eleotlre  stato 
office. 


Vacancy  In 
office  of  Judge; 
failure  to  elect. 


Section  141.  A  vacancy  occurring  in  an  elective  state 
office  other  than  that  of  a  member  of  the  general  assembly 
or  of  governor,  shall  be  filled  by  appointment  by  the  gov- 
ernor until  the  disability  is  removed,  or  a  successor  is  elected 
and  qualified.  Such  vacancies  shall  be  filled  by  election  at 
the  first  general  election  for  the  office  which  is  vacant,  that 
occurs  more  than  thirty  days  after  the  vacancy  shall  have 
occurred.  The  person  elected  shall  fill  the  office  for  the 
unexpired  term.     (Cons.  Art.  XVII,  Sec.  2;  R.  S.  Sec.  81.) 

Section  142.  If  the  office  of  a  judge  becomes  vacant 
by  reason  of  the  expiration  of  the  term  of  the  incumbent, 
and  a  failure  to  provide  therefor  at  the  preceding  election, 
such  vacancy  shall  be  filled  by  appointment  by  the  governor. 
The  person  so  appointed  shall  hold  the  office  until  a  succes- 
sor is  elected  and  qualified.  Such  successor  shall  be  elected 
for  the  unexpired  term  at  the  first  general  election  for  the 
office  which  is  vacant  that  occurs  more  than  thirty  days 
after  such  an  appointment.     (R.  S.  Sec.  82.) 


REGITLAR  ELECTION  DAY  A  HALF  HOLIDAY. 


A  portion  of 
election  day  a 
part    holiday. 


Sec.  5976.  The  first  Tuesday  after  the  first  Monday 
in  November  of  each  year,  between  the  hours  of  twelve 
o'clock  noon,  central  standard  time,  and  five  thirty  o'clock 
p.  m.  central  standard  time,  shall  be  a  legal  part  holiday. 
(10.S  V.  25.) 


TITLE  XIV.      PUBLIC  ELECTIONS 


CHAPTER  1. 
CHAPTER  2. 
CHAPTER  3. 
CHAPTER  4. 
CHAPTER  5. 
CHAPTER  6. 
CHAPTER  7. 
CHAPTER  8. 
CHAPTER  9. 
CHAPTER  10. 
CHAPTER  11. 
CHAPTER  12. 


Supervision  of  Elections. 
Time  and  Notice  of  Elections. 
Election  Precincts. 
Qualifications  of  Electors. 
Registration  of  Electors. 
Primary  Elections. 
Nomination  of  Candidates. 
Ballots  and  Supplies. 
Casting  and  Counting  of  Vote. 
Returns  and  Abstracts. 
Contests  of  Elections. 
Meeting  of  Presidential  Elbot©rs. 


CHAPTER  1. 

SUPERVISION  OF  ELECTIONS. 


Section 

4785.  Conduct  of  public  elections. 

4786.  Offices    of    state    supervisor    and    state 

supervisor  and   inspector. 

4787.  Secretary  of  state  shall  perform  duties  of 

such  offices. 

DEPUTY  STATE  SUPERVISORS  AND 
INSPECTORS. 

4788.  Board  of  deputy  state  supervisors  and  in- 

spectors of  elections. 

4789.  Appointment  of  deputy  state  supervisors 

and  inspectors. 

4790.  Recommendations  by  party  committee. 

4791.  Vacancies. 

4792.  Recommendation  to  fill  vacancy. 

4793.  How  rightful  committee  determined. 

4794.  Organization  of  board. 

4795.  Selection  of  clerk  and  deputy  clerk. 

4796.  Selection  of  chief  deputy. 

4797.  Removal  of  clerk  and  deputy  clerk. 

4798.  Vacancy   in  offices  of  chief   deputy   and 

clerk,  how  filled. 

4799.  Duties  and  compensation  of  deputy  clerk. 

4800.  Investigation    and    prosecution    of    viola- 

tions of  election  laws. 

4801.  General  powers  and  duties  of  board. 

4802.  How  terms  "state  supervisor"  and  "clerk" 

construed. 


DEPUTY   STATE   SUPBRVISOKB. 


Section 

4803.  Board  of  deputy  state  supervisors. 

4804.  Appointment  of  deputy  state  supervisors ; 

terms. 

4805.  Recommendation  by  party  commltte*. 

4806.  A'acancies. 

4807.  Recommendations  to  fill  vacancy. 

4808.  How   riflitful   executive   committee   d^ter- 

n'ined. 

4809.  Oath  of  deputy  state  supervisor. 

4810.  Removal  of  deputy  state  supervisor. 

4811.  Organization  of  board. 

4512.  Selection  of  clerk. 

4513.  Sflpctlon  of  chief  deputy. 

4814.  Oath  of  clerk. 

4815.  Removal  of  clerk. 

4816.  Clerk  may  administer  oaths. 

4817.  Board  shall  meet  before  each  election. 

4818.  Certificates   of  nominations   and  nomina- 

tion papers. 

4819.  General    duties    of    deputy    state    super- 

visors. 

4820.  Investigation     of    violations    of    election 

laws. 

4821.  Necessary  expenses  of  the  board. 
*8?2.     Comnensatlnn  of  members   and  clerks. 
4823.     Collation     and     publication     of     election 

laws. 


Section  4785.     Except  when  otherwise  provided  by  [(^"p'lectio'iiV"'' 
law,  all  public  elections  in  this  state  shall  be  conducted 
according  to  the  provisions  of  this  title.     (R.  S.  Sec.  2922; 
97  V.  225  §  1.) 

Section  4786.  There  shall  be  a  state  supervisor  and 
inspector  of  elections  and  a  state  supervisor  of  elections, 
with  the  powers  and  duties  hereinafter  prescribed  for  the 
conduct  and  supervision  of  the  registration  of  electors  and 
of  elections  in  this  state,  except  as  otherwise  provided  by 
law.     (97v.  218§1.) 

(33) 

3— E.  L. 


Offices  of  statt 
ciinorvisor   and 
?tate   supervisor 
and  inspector. 


34 


SUPERVISION    OF    ELECTIONS. 


Chap.  1 


Secretary  of 
state  shall  per- 
form such 
offices. 


Section  4787.  By  virtue  of  his  office,  the  secretary 
of  state  shall  be  the  state  supervisor  and  inspector  of  elec- 
tions,  and  the  state  supervisor  of  elections  and,  in  addition 
to  the  duties  now  imposed  upon  him  by  law,  he  shall  per- 
form the  duties  of  such  offices  as  prescribed  in  this  title. 
(97  V.  218  §  2.) 


Note  : — It  is  not  the  duty  of  the  Secretary  of  State  to  render  opinions  as  to 
every  election  complication  that  arises,  but  only  to  advise  the  deputy  state  super- 
visors as  to  the  proper  method  of  conducting  elections  after  they  have  been  called 

DEPUTY  STATE  SUPERVISORS  AND   INSPECTORS. 


Board  of  deputy 
state  supervisors 
and    Inspectors 
of  elections. 


Section  4788.  In  each  county  of  the  state  which  con- 
tains a  city  wherein  annual  general  registration  of  the  elec- 
tors is  required  by  law,  or  which  contains  two  or  more  cities 
in  which  registration  is  required  by  law,  there  shall  be  a 
board  of  deputy  state  supervisors  and  inspectors  of  elec- 
tions, consisting  of  four  members  who  shall  be  qualified 
electors  of  the  county.     (102  v.  98.) 


Note  : — Tlie  Deputy  State   Supervisors  of  Elections  are  not  officers  within 
the  legal  definition  of  that  term,  and,  though  their  jurisdiction  may  be  cotermin- 
ous with  that  of  the   county,   they  are  not  county  officers,  and,   therefore.  Sec. 
2966-3  R.  S.  does  not  violate  Sec.  1  of  Art.  10  of  the  Constitution. 
State  Ex  rel.  Vail  v.  Craig,  8  N.  P.  148. 

As  to  powers  of  board  of  elections  to  employ  legal  counsel  see  State  ex  rel. 
v.  Boyden,  10  0.  C.  D.  137. 

A  court  of  equity  will  not  enjoin  a  board  of  elections  from  proceeding  in  the 
exercise  of  its  powers  on  the  ground  that  such  proceedings  are  irregular  or 
illegal,  where  it  does  not  appear  that  they  will  involve  any  expenditure  of  the 
public  funds. 

Columbus  V.  City  Board  of  Elections,  13  0.  D.  452. 

The  deputy  state  supervisors  are  not  constituted  a  board,  or  corporate  body 
by  the  statute,  but  each  one  acts  simply  as  a  deputy  state  supervisor,  and  in  case 
of  litigation  the  action  should  be  against  him  in  that  capacity,  and  he  may  prose- 
cute an  error,  even  though  the  others  refuse  to  join  with  him. 

Randall  et  al.  v.  State  ex  rel.  Hunter  et  al.,  64  0.  S.  57. 


Appointment  of 
deputy  state     ' 
supervisors   and 
inspectors. 


Section  4789.  On  or  before  the  first  day  of  May, 
biennially,  the  state  supervisor  and  inspector  of  elections 
shall  appoint  for  each  such  county  two  members  of  the 
board  of  deputy  state  supervisors  and  inspectors  of  elec- 
tions, who  shall  each  serve  for  a  term  of  four  years  from 
such  first  day  of  May.  One  member  so  appointed  shall  be 
from  the  political  party  which  cast  the  highest  number  of 
votes  at  the  last  preceding  November  election  for  governor, 
and  the  other  member  shall  be  appointed  from  the  political 
party  which  cast  the  next  highest  number  of  votes  for  such 
officer  at  such  election.  (98  v.  288  §  3.) 


The  provision  that  the  appointment  of  deputy  state  supervisors  and  inspec- 
tors of  elections  shall  be  made  on  or  before  the  first  day  of  May  is  directory, 
and  such  appointment  if  made  after  such  date  would  be  valid.  Atty.  Gen.  4-22- 
1908. 


necomrnendatlon 
by  party  com- 
mittee. 


Section  4790.  If  the  executive  committees  of  the 
two  political  parties  in  the  county,  casting  the  highest  and 
next  highest  number  of  votes  in  the  state  at  the  last  pre- 
ceding November  election  for  state  officers,  recommend 
qualified  persons  to  the  state  supervisor  and  inspector  at 
least  five  days  before  the  first  day  of  May,  the  state  super- 


Chap.    1  SUPERVISION    OF   ELECTIONS.  35 

visor  and  inspector  shall  appoint  the  persons  so  recom- 
mended to  the  number  to  which  such  party  is  entitled.  If 
no  such  recommendation  is  made,  the  state  supervisor  and 
inspector  shall  make  the  appointments  as  provided  in  this 
chapter.     (98  v.  288  §  3.) 

Note  : — The  state  supervisor  must  regard  all  recommendations  of  county 
executive  committees  of  political  parties  made  five  days  before  the  first  of  May, 
and  In  case  of  recommendations  by  rival  committees  of  the  same  party  must 
submit  the  controversy  to  the  state  central  committee  of  such  party,  which  has  ten 
days  in  which  to  decide.     Atty.   Gen.  4-22-1908. 

When  a  recommendation  for  the  appointment  of  a  qualified  person  as  deputy 
state  supervisor  of  elections,  signed  by  the  chairman,  secretary  and  members  of 
the  county  executive  committee  of  a  political  party  that  at  the  present  November 
election  cast  the  highest  number  of  votes  for  governor  or  secretary  of  state,  is 
placed  on  file,  with  the  state  supervisor  of  elections,  within  the  required  time,  it 
is  his  duty  to  appoint  the  person  so  recommended. 

Mandamus   is  the   proper  remedy   to  enforce  the   performance   of  that  duty. 

State  ex  rel.  Culbert  v.  Kinney,  Secretary,  63  0.  S.  304. 

Section  4791.  All  vacancies  shall  be  filled  and  all  ap-  vacancies, 
pointments  to  new  terms  made  from  the  political  party  to 
which  the  vacating  or  out-going  member  belonged,  unless 
there  is  a  third  political  party  which  cast  a  greater  number 
of  votes  in  this  state  at  the  next  preceding  November  elec- 
tion for  state  officers  than  did  the  party  to  which  the  re- 
tiring members  belonged,  in  which  event  the  vacancy  shall 
be  filled  from  such  third  party.     (98  v.  288  §  3.) 

Section  4792.  If,  Avithin  five  days  after  a  vacancy  ftecommendation 
occurs  in  the  membership  of  a  board  of  deputy  state  super-  ''^  ^'^  vacancy, 
visors  and  inspectors,  the  executive  committee  of  the  party 
entitled  to  the  appointment  to  fill  such  vacancy  recommends 
a  qualified  person  to  the  state  supervisor  and  inspector,  he 
shall  appoint  such  person  to  fill  such  vacancy  for  the  un- 
expired term.  If  no  such  recommendation  is  made,  the 
state  supervisor  and  inspector  shall  make  the  appointment 
as  provided  in  this  chapter.     (98  v.  288  §  3.) 

Section  4793.  "When  recommendations  are  made  to  how  rightful 
the  state  supervisor  and  inspector  for  appointment  to  new  SmTncd.^ 
terms  or  to  fill  vacancies  in  the  office  of  deputy  state  super- 
visor and  inspector  by  more  than  one  committee,  each  claim- 
ing to  be  the  rightful  executive  committee  of  a  political 
party  entitled  to  recommend  qualified  persons  for  appoint- 
ment on  such  board,  the  state  supervisor  and  inspector,  be- 
fore making  any  such  appointment,  shall  notify  the  chair- 
man of  the  state  central  committee  of  the  political  party 
entitled  to  such  appointment  and  shall  recognize  that  com- 
mittee as  the  rightful  executive  committee  which  such  state 
central  committee  shall  certify  to  be  the  rightful  committee 
of  such  party.  If  such  committee  fails  to  make  such  cer- 
tification for  ten  days  from  the  giving  of  such  notice,  the 
state  supervisor  and  inspector  shall  determine  which  of 
such  disputing  bodies  or  committees  is  the  rightful  com- 
mittee of  such  party,  and  shall  make  the  appointment,  as 
provided  in  this  chapter.     (98  v.  288  §  3.) 

Section  4794.     Biennially,  within  five  days  after  such  organization 
appointments  are  made,  the  deputy  state  supervisors  and  ^^  ^o&Td. 
inspectors  shall  meet  and  organize  by  selecting  one  of  their 
number  as  chief  deputy,  who  shall  preside  at  all  meetings, 


30 


SUPERVISION    OF    ELECTIONS. 


Chap.  1 


Selection  of 
clerk  and  deputy 
clerk. 


Selection  of 
chief  deputy. 


Kemoval  of  clerk 
and  deputy 
clerk. 


V.Tcancy  in 
offices  of  chief 
fleputy  and  clerk, 
how  filled. 


Duties  and  com- 
pensation of 
deputy  clerk. 


fnvesticatlon  and 
prosecution    of 
vHiotions  of 
ejection  laws. 


and  two  resident  electors  of  the  county,  other  than  members 
of  the  board,  as  clerk  and  deputy  clerk,  respectively,  all  of 
which  officers  shall  continue  in  office  for  tw^o  years.  (98 
V.  288  §  3.) 

Section  4795.  The  ])alloting  for  such  officers  shall 
(.'Oinincnce  at  or  before  one  o'clock,  afternoon,  of  the  day  of 
the  convening,  and  at  least  one  ballot  shall  be  taken  every 
twenty  minutes  until  such  organization  is  eifectcd,  or  five 
ballots  have  been  cast,  as  hereinafter  provided.  The  clerk 
sliali  first  be  selected  by  tlie  votes  of  at  least  three  members. 
I  f,  after  five  ballots,  no  person  shall  be  agreed  upon  as 
clerk,  the  names  of  all  persons  so  voted  for  on  the  fifth 
ballot,  together  with  the  names  of  the  deputies  who  nomi- 
nated them,  shall  be  certified  to  the  state  supervisor  and  in- 
spector, who  shall  designate  therefrom  one  of  such  persons 
to  serve  as  clerk  and  another  such  person  to  serve  as  deputy 
clerk.  The  clerk  and  deputy  clerk  shall  be  of  opposite 
political  parties,  and  each  such  officer  shall  have  been  nomi- 
nated by  a  deputy  state  supervisor  and  inspector  of  the 
political  party  to  which  he  belongs.     (98  v.  288  §  3.) 

Section  4796.  After  the  selection  of  the  clerk,  the 
chief  deputy  shall  be  selected  from  the  deputies  of  oppo- 
site politics  to  that  of  the  clerk.  If,  upon  the  first  ballot, 
no  person  shall  be  agreed  upon  as  chief  deputy,  the  deputy 
of  opposite  politics  to  the  clerk  and  having  the  shortest 
term  to  serve  shall  be  chief  deputy  and  preside  at  all  meet- 
ings. When  such  organization  is  perfected,  the  clerk  shall 
forthw^ith  report  it  to  the  state  supervisor  and  inspector. 
(98  V.  288  §  3.) 

Section  4797.  The  clerk  or  deputy  clerk  may  be  re- 
moved by  the  state  supervisor  and  inspector  or  by  the 
deputy  state  supervisors  and  inspectors  for  any  violation 
or  neglect  of  duty  or  other  good  and  sufficient  cause.  (98 
V.  288  §  3.) 

Section  4798.  Vacancies  in  the  offices  of  chief 
deputy,  clerk  and  deputy  clerk  shall  be  filled  in  the  same 
manner  as  original  selections  are  made  and  be  persons  be- 
longing to  the  same  political  party  as  that  to  which  the  out- 
going officer  belonged.     (98  v.  288  §  3.) 

Section  4799.  The  deputy  clerk  of  the  board  of 
deputy  state  supervisors  and  inspectors  shall  perform  such 
duties  and  receive  such  compensation,  not  exceeding  one 
hundred  and  fifty  dollars,  and  in  all  counties  having  cities 
where  registration  is  required,  not  exceeding  two  hundred 
dollars,  each  month,  as  shall  be  determined  by  the  board. 
(107  0.  L.  690.) 

Section  4800.  The  board  of  deputy  state  supervisors 
and  inspectors  shall  investigate  and  prosecute  all  violations 
of  the  laws  relating  to  the  registration  of  electors,  the  right 
of  suffrage,  and  the  conduct  of  elections,  and  make  report 
thereof  to  the  state  supervisor  and  inspector.  When  ap- 
proved by  the  state  supervisor  and  inspector  and  by  a  vote 
of  a  majority  of  its  members,  each  such  board  may  incur 


§h«p.    1  SUPERVISION    OP    BLBCTIONS.  87 

any  expense  necessary  to  the  conduct  of  such  investigations 
and  prosecutions.    (97  v.  233  §  8.) 

Section  4801.  In  addition  to  the  powers  and  duties  General  powers 
conferred  upon  them  by  the  preceding  section,  the  state  JSard*""^  "' 
supervisor  and  inspector  of  elections  shall  have  the  rights, 
powers  and  duties  conferred  and  imposed  by  law  upon  the 
state  supervisor  of  elections,  and  boards  of  deputy  state 
supervisors  and  inspectors  of  elections  shall  have  all  the 
rights,  powers  and  duties  conferred  and  imposed  by  law 
upon  boards  of  deputy  state  supervisors  of  elections,  as 
hereinafter  provided.     (98  v.  288  §  3.) 

The  action  of  the  board  of  deputy  state  supervisors  and  inspectors  of  elec- 
tions in  rejecting  a  nomination  paper  on  the  ground  that  it  does  not  contain  the 
names  and  addresses  of  persons  to  the  number  of  five  or  less  as  a  committee  who 
might  fill  vacancies  caused  by  death  or  withdrawal  is  final,  and  such  action  cannot 
be  reviewed  by  mandamus:  Board  of  Deputy  State  Supervisors  v.  State,  ex  rel., 
16  0.  C.  C.  (N.  S.)  244;  citing  Chapman  v.  Miller,  52  0.  S.  166;  Randall  v.  State, 
ei  rel.,  64  0.  S.  57;  State,  ex  rel..  v.  Jones,  74  0.  S.  418. 


Section  4802.     In  this  title  and  other  laws  relating  to  ^p'Jrl!™r""*?nd 
elections,  unless  otherwise  expressly  provided  therein,  the  "cierk"  con- 
term  ''state  supervisor"  shall  apply  to  the  state  supervisor  ^^^^  ' 
and  inspector  equally  with  the  state  supervisor,  the  term 
''deputy  state  supervisors"  shall  apply  to  deputy  state 
supervisors  and  inspectors  of  elections  equally  with  deputy 
state  supervisors  of  elections,  the  term  "board  of  deputy 
state  supervisors  of  elections"  shall  apply  to  the  board  of 
deputy  state  supervisors  and  inspectors  of  elections  equally 
with  the  board  of  deputy  state  supervisors  of  elections,  and 
the  term  "clerk"  shall  apply  to  the  clerk  of  the  board  of 
deputy  state  supervisors  and  inspectors  of  elections  equally 
with  the  clerk  of  the  board  of  deputy  state  supervisors  of 
elections.    (98  v.  288  §3.) 

DEPUTY  STATE  SUPERVISORS. 

Section  4803.     Except  in  counties  containing  cities  Board  of  deputy 
wherein  annual  general  registration  of  electors  is  required  ?SJ?g.®"^*^' 
by  law,  or  which  contains  two  or  more  cities  in  which  regis- 
tration is  required  by  law,  there  shall  be  a  board  of  deputy 
state  supervisors  of  elections  for  each  county  consisting  of 
four  members  who  shall  be  qualified  electors.     (102  v.  98.) 

Section  4804.  On  or  before  the  first  Monday  in  jg^^u^^^'^J^*  °' 
August,  1913,  the  state  supervisor  of  elections  shall  appoint  soipervisors 
for  each  such  county  two  members  of  the  board  of  deputy 
state  supervisors  of  elections,  who  shall  each  serve  until  the 
first  day  of  May,  1916,  and  whose  successors  shall  then  be 
appointed  and  serve  for  a  term  of  two  years  from  and 
after  such  date.  And  on  or  before  the  first  Monday  in 
August,  1914,  such  state  supervisor  of  elections  shall  ap- 
point for  each  such  county  two  members  of  the  board  of 
deputy  state  supervisors  of  elections  who  shall  each  serve 
until  the  first  day  of  May  in  the  year  1917,  and  whose  suc- 
cessors shall  then  be  appointed  and  serve  for  a  term  of  two 
years  from  and  after  such  date.    One  member  so  appointed 


terms. 


38 


SUPERVISION    OF   ELECTIONS. 


Chap.  1 


Recommendation 
by  party  com- 
mittee. 


shall  be  from  the  political  party  which  cast  the  highest 
number  of  votes  at  the  last  preceding  November  election 
for  governor,  and  the  other  member  shall  be  appointed 
from  the  political  party  which  cast  the  next  highest  number 
of  votes  for  such  officer  at  such  election.     (103  v.  215.) 

Section  4805.  For  the  terms  fixed  by  the  preceding 
section  to  begin  on  the  first  Monday  in  August,  if  the  execu- 
tive committee  of  the  two  political  parties  in  the  county 
casting  the  highest  and  next  highest  number  of  votes  in  the 
state  at  the  last  preceding  November  election  for  state  of- 
ficers recommend  qualified  persons  to  the  state  supervisor 
at  least  fifteen  days  before  the  first  day  of  August,  the  state 
supervisor  shall  appoint  the  persons  so  recommended  to  the 
number  to  which  each  such  party  is  entitled,  and  for  the 
terms  fixed  by  the  preceding  section  to  begin  on  the  first 
day  of  May  if  the  executive  committee  of  the  two  political 
parties  in  the  county  casting  the  highest  and  next  highest 
number  of  votes  in  the  state  at  the  last  preceding  Novem- 
ber election  for  state  officers  recommend  qualified  persons 
to  the  state  supervisor  at  least  fifteen  days  before  the  first 
day  of  May,  the  state  supervisor  shall  appoint  the  persons 
so  recommended  to  the  number  to  which  each  such  party  is 
entitled.    (103  v.  215.) 


Note  : — When  a  recommendation  for  the  appointment  of  a  qualified  person 
as  deputy  state  supervisor  of  elections,  signed  by  the  chairman,  secretary  and 
members  of  the  county  executive  committee  of  a  political  party  that  at  the  present 
November  election  cast  the  highest  number  of  votes  for  governor  or  secretary  of 
state,  is  placed  on  file,  with  the  state  supervisor  of  elections,  within  the  required 
time,  it  is  his  duty  to  appoint  the  person  so  recommended. 

Mandamus  is  the  proper  remedy  to  enforce  the  performance  of  that  duty. 

State  ex  rel.  Culbert  v.  Kinney,  Secretary,  63  0.  S,  304. 


Vacancies. 


Recommenda- 
tions to  fill 
vacancy. 


How  rightful 
executive  com- 
mittee deter- 
mined. 


Section  4806.  All  vacancies  shall  be  filled  and  all 
appointments  to  new  terms  shall  b'e  made  from  the  political 
party  to  which  the  vacating  or  out-going  member  belongs, 
unless  there  is  a  third  political  party  which,  at  the  next  pre- 
ceding November  election  for  state  officers,  cast  a  greater 
number  of  votes  in  the  state  than  did  the  party  to  which  the 
retiring  member  belonged,  in  which  event  the  vacancy  shall 
be  filled  from  such  third  party.    (98  v.  288  §  3.) 

Section  4807.  If,  within  five  days  after  such  vacancy 
occurs  in  the  membership  of  a  board  of  deputy  state 
supervisors,  the  executive  committee  of  the  party  entitled 
to  the  appointment  to  fill  such  vacancy  recommends  a  quali- 
fied person  to  the  state  supervisor,  he  shall  appoint  such 
person  to  fill  such  vacancy  for  the  unexpired  term.  If  no 
such  recommendation  is  made,  the  state  supervisor  shall 
make  the  appointment  as  provided  in  this  chapter.  (98  v. 
288  §  3.) 

Section  4808.  When  recommendations  are  made  to 
the  state  supervisor  for  appointment  to  new  terms  or  to  fill 
vacancies  in  the  office  of  deputy  state  supervisor  by  more 
than  one  committee,  each  claiming  to  be  the  rightful  execu- 
tive committee  of  a  political  party  entitled  to  recommend 
qualified  persons  for  appointment  on  such  board,  such  state 
supervisor,   before   making   any   such   appointment,   shall 


Chap.  1 


SUPERVISION   OP   ELECTIONS. 


39 


notify  the  chairman  of  the  state  central  committee  of  the 
political  party  entitled  to  such  appointment,  and  he  shall 
recognize  that  committee  as  the  rightful  executive  com- 
mittee which  such  state  central  committee  shall  certify  to 
he  the  rightful  committee  of  such  party.  If  such  committee 
fails  to  make  such  certification  for  ten  days  from  the  giving 
of  such  notice,  the  state  supervisor  shall  determine  v^rhich 
of  such  disputing  bodies  or  committees  is  the  rightful  com- 
mittee of  such  party  and  shall  make  the  appointment  as 
provided  in  this  chapter.    (98  v.  288  §  3.) 

Note  : — The  board  of  deputy  supervisors  is  without  authority  to  ignore  the 
committee  recognized  by  the  state  central  committee.  State  ex  rel.  Hechler  v. 
Fitzgerald  et  al.,  77  0.  S.  641. 

Section  4809.     Before  entering  upon  his  duties,  each  oath  of  deputy 
deputy  state  supervisor  of  elections  shall  appear  before  ^*^*®  supervuor. 
a  person  authorized  to  administer  oaths  and  take  and  sub- 
scribe to  the  following  oath,  which  shall  be  filed  with  the 
clerk  of  the  court  of  common  pleas  in  the  county  where 
such  deputy  resides : 
State  of  Ohio, county,  ss. 

I  do  solemnly  swear  that  I  will  support  the  constitution 
of  the  United  States  and  of  the  state  of  Ohio,  and  perform 
the  duties  of  deputy  state  supervisor  of  elections  to  the 
best  of  my  ability. 

Signed 

Sworn  to  and  subscribed  before  me  this 

day  of ,  in  the  year 


(Title  of  officer.) 
(91  V.  120  §  7.) 

Section  4810.  Any  deputy  state  supervisor  may  be  Removal  of 
removed  by  the  state  supervisor  for  misfeasance  or  mal-  supervisor*  ^ 
feasance  in  office  or  other  good  and  sufficient  cause.  In 
filling  vacancies  caused  by  removal,  if  no  person  belonging 
to  the  political  party  of  the  person  removed  can  be  induced 
to  accept  such  appointment,  the  vacancy  can  be  filled  by 
appointment  from  another  political  party.     (98  v.  288  §  3.) 

Note  : — The  state  supervisor  has  no  authority  to  remove  a  member  of  the 
board,  except  for  misfeasance  or  malfeasance  in  ofBce,  or  other  good  and  suffi- 
cient cause. 


Section  4811.  Within  fifteen  days  after  such  appoint- 
ments in  each  year,  the  deputy  state  supervisors  shall  meet 
in  the  office  of  the  county  commissioners  and  organize  by 
selecting  one  of  their  number  as  chief  deputy,  who  shall 
preside  at  all  meetings,  and  a  resident  elector  of  such 
county,  other  than  a  member  of  the  board,  as  clerk,  both 
of  which  officers  shall  continue  in  office  for  one  year.  (R. 
S.  Sec.  2966-4.) 

Section  4812.  The  balloting  for  such  officer  shall 
commence  at  or  before  one  o^clock  afternoon  on  the  day 
of  convening,  and  at  least  one  ballot  shall  be  taken  every 
twenty  minutes  until  such  organization  is  effected.     The 


Organization  of 
board. 


Selection  of 
rlerk. 


40 


SUPERVISION   OP   ELECTIONS. 


Ghap.  1 


Selection  of 
ehl«f  deputy. 


•ath  •f  elsrk. 


clerk  shall  be  first  selected  by  the  votes  of  at  least  three 
members.  If,  after  five  ballots,  no  person  shall  be  agreed 
upon  as  clerk,  the  clerk  shall  be  selected  by  lot  from  two 
persons  of  opposite  politics,  to  be  nominated  by  the  deputy 
supervisors,  the  two  deputy  supervisors  of  the  same  politics 
to  name  one  candidate  for  clerk  and  the  two  deputies  of 
opposite  politics  to  name  the  other.     (R.  S.  Sec.  2966-4.) 

Note  : — A  justice  of  tlie  peace  may  serve  as  clerk  of  the  board  of  deputy 
state  supervisors  of  elections.     Atty.  Gen.  11-30-1909. 

Section  4813.  After  the  selection  of  the  clerk,  the 
chief  deputy  shall  be  selected  from  deputies  of  opposite 
politics  to  that  of  the  clerk.  If,  upon  the  first  ballot,  no 
person  shall  be  agreed  upon  as  chief  deputy,  the  deputy 
of  opposite  politics  to  the  clerk,  having  the  shortest  term 
to  serve,  shall  be  chief  deputy  and  preside  at  all  meetings. 
When  such  organization  is  perfected,  the  clerk  shall  forth- 
with report  it  to  the  state  supervisor.     (R.  S.  Sec.  2966-4.) 

Section  4814.  Before  entering  upon  his  duties,  the 
clerk  of  the  board  of  deputy  state  supervisors  of  elections 
for  each  county  shall  take  and  subscribe  the  following  oath, 
which  shall  be  filed  with  the  clerk  of  the  court  of  common 
pleas  of  the  county  where  he  resides : 
State  of  Ohio, county,  ss. 

I  do  solemnly  swear  that  I  will  support  the  constitution 
of  the  United  States  and  of  the  state  of  Ohio  and  dis- 
charge the  duties  of  a  clerk  of  the  board  of  deputy  state 

supervisors  for county  to  the  best  of  my  ability 

and  preserve  all  records,  documents  and  other  property 
pertaining  to  the  conduct  of  elections  placed  in  my  custody. 

Signed 

Sworn  to  and  subscribed  before  me  this 

day  of in  the  year 

(Title  of  officer.) 


Removal  of 
clerk. 


Clerk  may  ad- 
minister oaths. 


Beard  shall 
meet  before 
sach    election. 


(91  V.  120  §  7.) 

Section  4815.  The  clerk  may  be  removed  by  the  state 
supervisor  or  deputy  state  supervisors,  for  any  violation 
or  neglect  of  duty  or  other  good  and  sufficient  cause,  and 
such  vacancy  shall  be  filled  by  the  deputy  state  supervisors 
from  the  political  party  to  which  such  outgoing  clerk 
belongs.     (R.  S.  Sec.  2966-4.) 

Section  4816.  The  clerk  may  administer  oaths  to 
such  persons  as  are  required  by  law  to  file  certificates  or 
other  papers  with  the  board,  to  judges  and  clerks  of  elec- 
tion, and  to  witnesses  who  may  be  called  to  testify  before 
the  board.     (R.  S.  Sec.  2966-4.) 

Section  4817.  The  board  of  deputy  state  supervisors 
shall  meet  on  the  twelfth  day  before  each  election,  and 
remain  in  session  for  such  time  as  may  be  necessary,  and 
adjourn  to  such  day  as  their  duties  prescribed  by  law  may 
riquire.     (R.  S.  Sec.  2066-4.) 


Chap.  1         _    SUPERVISION  OP  elections.  41 

Note: — It  is  the  duty  of  the  board  to  have  a  sufficient  and  proper  room  or 
office  in  which  to  transact  the  business  of  the  board,  and  it  ig  aiso  the  duty  of  \h» 
board  to  file  and  carefully  keep  all  papers,  documents  and  supplies  filed  with  such 
board  and  necessary  in  the  performance  of  its  duties.  For  this  purpose  a  proper 
desk  and  files,  together  with  proper  and  necessary  furniture  for  such  room  or 
office  must  be  provided.  The  reasonable  rent  of  such  room  or  office,  unless  fur- 
nished ■  »  the  commisslouers  at  the  Court  House,  together  with  the  expense  of 
such  fM,  ure,  desk  and  files,  are  proper  charges  against  the  county,  and  srhould 
be  p  •;  of  the  county  treasury  upon  the  order  of  the  County  Commissioners 

its  .  mnty  expenses. 

Section  4818.     The  state  supervisor  and  the  deputy  JomKoM  wd 
state  supervisors  shall  receive  and  file  certificates  of  nomi-  nomination 
nations  and   nomination   papers,   pass  upon  the  validity  "^p®"- 
thereof  and  certify  them  as  provided  by  law.     (97  v.  223 

§  8.) 

The  filing  of  written  objections  with  the  deputy  state  supervisors  of  elections 
to  the  validity  of  nominating  papers  then  in  the  hands  of  that  board  clothes  the 
board  with  authority  to  pass  upon  the  validity  of  such  papers,  and  the  jurisdic- 
tion of  said  board  in  that  behalf  is  in  no  way  affected  by  the  subsequent  with- 
drawal of  said  objections:  State,  ex  rel.,  v.  Brubaker,  1  Ohio  App.  466,  17  O. 
C.  C.  (N.  S.)  542. 

Section  4819.  The  deputy  state  supervisors  for  each  General  duties 
county  shall  advertise  and  let  the  printing  of  the  ballots,  oj  erJSoV**** 
cards  of  instruction  and  other  required  books  and  papers 
to  be  printed  by  the  county;  receive  the  ballots  from  the 
printer,  and  cause  them  to  be  securely  sealed  up  in  their 
presence  in  packages,  one  for  each  precinct,  containing 
the  designated  number  of  ballots  for  each  precinct,  and 
make  the  necessary  indorsements  thereon  as  provided  by 
law;  provide  for  the  delivery  of  ballots,  poll  books  and 
other  required  books  and  papers  at  the  polling  places  in  the 
several  precincts;  cause  the  polling  places  to  be  suitably 
provided  with  booths,  guard  rails  and  other  supplies,  as 
provided  by  law,  and  provide  for  the  care  and  custody  of 
them  during  the  intervals  between  elections;  receive  the 
returns  of  elections,  canvass  them,  make  abstracts  thereof, 
and  transmit  such  abstracts  to  the  proper  officers  at  the 
times  and  in  the  manner  provided  by  law,  and  issue  cer- 
tificates to  persons  entitled  to  them.     (97  v.  223  §  8.) 

Certificates  of  election  may  be  issued  after  time  within  which  returns  must 
be  made  has  expired.    Atty.  Gen.  12-24-1907. 

Section  4820.  The  board  of  deputy  state  supervisors  investigation  of 
of  each  county  shall  investigate  all  irregularities  or  non-  deJtion^iawi 
performance  of  duty  by  an  election  officer  that  may  be 
reported  to  it,  or  that  comes  to  its  knowledge  and  report 
the  facts  to  the  state  supervisor  of  elections  and  to  the 
prosecuting  attorney  of  the  county.  The  state  supervisor  or 
the  board  of  deputy  state  supervisors  shall  order  the  prose- 
cution of  all  offenses  for  violations  of  this  title  or  any  of 
the  laws  of  the  state  relating  to  the  conduct  of  elections. 
r91  V.  121  §  9a.) 

Section  4821.     All  proper  and  necessary  expenses  of  Neceasarj  »- 
the  board  of  deputy  state  supervisors  shall  be  paid  from  board'  °'  **** 
the   county   treasury   as  other   county   expenses,   and  the 
county  commissioners  shall  make  the  necessary  levy  to  pro- 
vide therefor.    In  counties  containing  annual  general  reg- 


42  SUPERVISION    OF   ELECTIONS.  Chap.   1 

istration  cities,  such  expenses  shall  include  expenses  duly 
authorized  and  incurred  in  the  investigation  and  prosecu- 
tion of  offenses  against  laws  relating  to  the  registration  of 
electors,  the  right  of  suffrage  and  the  conduct  of  -  <3tions. 
(B.  S.  Sec.  2966-4.) 

Note  : — "Proper  and  necessary  expenses  of  the  board"  applies  to  tuc  ex- 
penses of  the  board  as  a  whole,  and  cannot  be  made  to  apply  to  personal  expenses 
or  mileage  of  the  members  of  the  board  in  their  attendance  upon  meetings. 

The  necessary  expenses  of  the  chief  deputy  and  clerk  while  in  attendance  upon 
a  meeting  of  the  district  board  for  the  purpose  of  hearing  objections  arising  in 
the  course  of  the  nomination  of  candidates  of  said  district,  may  be  allowed  and 
paid  as  "proper  and  necessary  expenses  of  the  board,"  but  no  additional  compen- 
sation can  be  allowed  such  officers  in  excess  of  the  annual  compensation  other- 
wise authorized  by  law. 

There  is  no  provision  for  payment  of  compensation  in  such  case,  other  than 
for  "necessary  expenses." 

"All  proper  necessary  expenses  of  such  board,  etc.,"  does  not  include  the 
expenses  of  the  individual  members  of  the  board  in  traveling  from  their  homes 
to  the  place  of  meeting  of  the  board  or  otherwise  incurred  in  attending  such  meet- 
ing. 

Expense  of  members  of  board  of  deputy  state  supervisors  of  elections  may  be 
paid  only  upon  allowance  by  county  commissioners.    Atty.  Gen.  8-19-1907. 

The  question  of  employing  clerks  to  assist  the  board  of  elections  in  canvassing 
and  tabulating  returns  is  for  the  deputy  state  supervisors  and  the  county  com- 
missioners to  determine.     Atty.    Gen.   11-12-1908. 

The  compensation  for  a  necessary  assistant  to  the  board  of  deputy  state 
supervisors  of  elections  may  be  allowed  and  paid  as  necessary  expenses ;  but  the 
County  Auditor  cannot  issue  his  warrant  on  the  treasurer  to  pay  such  service 
unless  the  amount  has  first  been  allowed  by  the  County  Commissioners.  State 
ex  rel.  v.  Craig,  21  C.  C.  180. 

of° mmbere^and  SECTION  4822.     Each  deputy  State  supervisor  shall  re- 

cierks.  ceivc  for  his  services  the  sum  of  three  dollars  for  each 

election  precinct  in  his  respective  county,  and  the  clerk 
shall  receive  for  his  services  the  sura  of  four  dollars  for 
each  election  precinct  in  his  respective  county.  The  com- 
pensation so  allowed  such  officers  during  any  year  shall  be 
determined  by  the  number  of  precincts  in  such  county  at 
the  November  election  of  the  next  preceding  year.  The 
compensation  paid  to  each  of  such  deputy  state  super- 
visors under  this  section  shall  in  no  case  be  less  than  one 
hundred  dollars  each  year  and  the  compensation  paid  to 
the  clerk  shall  in  no  case  be  less  than  one  hundred  and 
twenty-five  dollars  each  year.  Such  compensation  shall  be 
paid  quarterly  from  the  general  revenue  fund  of  the  county 
upon  vouchers  of  the  board,  made  and  certified  by  the  chief 
deputy  and  the  clerk  thereof.  Upon  presentation  of  any 
such  voucher,  the  county  auditor  shall  issue  his  warrant 
upon  the  county  treasurer  for  the  amount  thereof,  and 
the  treasurer  shall  pay  it.     (R.  S.  Sec.  2966-4.) 

Note  : — The  compensation  provided  by  this  section  is  a  yearly  compensation 
including  special  as  well  as  general  elections.     Atty.  Gen.  11-12-1908. 

If  the  number  of  precincts  is  increased  at  the  November  election  in  any 
year,  such  increased  number  of  precincts  shall  not  be  regarded  in  fixing  the  com- 
pensation of  the  deputy  supervisors  for  that  official  year,  but  the  whole  number  of 
precincts,  including  such  increase,  shall  be  the  basis  for  their  compensation  for 
the  next  succeeding  official  year.     Atty.  Gen,  1-21-1910. 

Provisions  of  G.  C.  Sec.  4990  are  not  inconsistent  with  Art.  V,  Sec.  7,  of  the 
amendments  of  1912  to  the  constitution,  and  by  the  provisions  of  that  section  of 
the  statutes  each  member  of  the  board  of  deputy  state  supervisors  of  elections  is 
entitled  to  receive,  as  compensation  for  his  services  in  conducting  a  primary  elec- 
tion provided  for  by  this  section,  to  be  held  in  September  of  odd  numbered  years, 
the  sura  of  two  dollars  for  each  precinct  in  his  county  whether  prin-.ary  elections 
were  actually  held  in  all  of  the  precincts  of  his  county  or  not :  State,  ex  rel.,  v. 
Hogg,  1  Ohio  App.  205,  19  0.  C.  C.  (N.  S.)  55,  24.  O.  C.  D.  354,  58  Bull.  489 
(Ed.). 


Chap.    1  SUPERVISION    OF   ELECTIONS.  43 

Section  4823.  The  secretary  of  state  shall  collate  and  ^SJJi^Jij^t'fon^^o^, 
publish  from  time  to  time  all  the  election  laws  in  force,  election  laws, 
applicable  to  the  conduct  of  elections.  A  sufficient  number 
of  copies  of  such  election  laws  shall  be  printed,  bound  in 
paper  and  distributed  in  proportion  to  the  number  of 
voting  precincts  in  each  county.  Such  distribution  shall  be 
made  in  each  county  by  the  deputy  state  supervisors 
thereof.     (97  v.  222  §  5.) 


CHAPTER  2. 


TIME  AND  NOTICE  OF  ELECTIONS. 


ELECTIONS    IN    EVEN    NUMBERED 
YEARS. 
Skction 


Electors   of   president  and   vice   presi- 
dent. 
Sheriff    shall     issue    proclamation     of 

election. 
Time   of  holding  elections  for   elective 

state    and    county    offices ;    vote    for 

judge  void,  when. 
Sheriff    shall     issue     proclamation    of 

election. 
Time   of  congressional   elections. 
Election    of    IT.    S.    s«nators    by    the 

electors     of     the     state;     notice     of 

election. 
4828-3.     Vacancy    in    representation    in    U.     S. 
senate ;   special   election. 
Vacancy    in    office    of    congressman    or 

member  of  general  assembly. 
Fees  of  sheriff. 


4824. 
4825. 


4826. 


4827 


4828. 
4828- 


4^29. 


4830. 


ELECTIONS 


Section 
4831. 

4832. 
4833. 
4834. 
483.5. 
4836. 
4837. 

4838. 

4839. 


IN    ODD 
YEARS. 


NUMBERED 


Township  officers  and  justices  of  th« 
peace. 

Notice  of  township   election. 

How  notice  served. 

Notice  of  elections  in  precincts. 

Judges;  of  superior  court  of  Cincinnati. 

Election  of  municipal  officers. 

Mayor  shall  issue  proclamation  of  elec- 
tion. 

Election  of  members  of  the  board  of 
education. 

Notice  of  school  elections. 


PROVISIONS  APrLICABLE  EACH  YEAR. 

4840.  Submission    of    question    when    special 

election   not  provided  for. 

4841.  Proclamation  as  to  sale  of  liquors  on 

election  day. 


Electors  of 
president  and 
vice   president. 


Sheriff  shall 
issue  proclama- 
tion of  election. 


Time  of  holding 
elections  for 
elective   state 
and  county 
offices. 

Vote  for  judge 
void.  when. 


Sheriff  shall 
issue    proclama- 
tion of  election. 


EliECTIONS  IN  EVEN  NUMBERED  YEARS. 

Section  4824.  On  the  first  Tuesday  after  the  first 
^[onday  in  November  in  the  year  1912,  and  every  four 
years  thereafter,  the  qualified  electors  shall  elect  a  number 
of  electors  of  president  and  vice  president  of  the  United 
States  equal  to  the  number  of  senators  and  representatives 
tliis  state  may  be  entitled  to  in  the  congress  of  the  United 
States.  No  senator  or  representative  in  congress  or  other 
person  holding  an  office  of  trust  or  profit  under  the  United 
States  or  any  law  thereof  shall  be  eligible- as  elector  of 
president  or  vice  president.     (R.  S.  Sec.  2968.) 

Section  4825.  At  least  fifteen  days  before  the  time 
for  holding  the  election  provided  for  in  the  preceding  sec- 
tion, the  sheriff  shall  give  public  notice  by  proclamation 
through  his  county  of  the  time  and  place  of  liolding  such 
election  and  the  number  of  electors  to  be  chosen.  A  copy  of 
such  proclamation  shall  be  posted  at  each  of  the  places 
where  elections  are  appointed  to  be  held  and  inserted  in  a 
newspaper  published  in  the  county.     (R.  S.  Sec.  2967.) 

Section  4826.  All  general  elections  for  elective  state 
and  county  offices  and  for  the  office  of  judge  of  the  court  of 
appeals  shall  be  held  on  the  first  Tuesday  after  the  first 
Monday  of  November  in  the  even  numbered  years.  All 
votes  for  any  judge  for  an  elective  office  except  a  judicial 
office,  under  the  authority  of  this  state,  given  by  the  general 
assembly,  or  by  the  people,  shall  be  void.     (103  v.  23.) 

Section  4827.  At  least  fifteen  days  before  the  hold- 
ing of  any  such  general  election,  the  sheriff  of  each  county 
shall  give  notice  by  proclamation  throughout  his  county  of 
the  time  and  place  of  holding  such  election  and  the  officers 
at  that  time  to  be  chosen.  One  copy  of  the  proclamation 
shall  be  posted  at  each  place  where  elections  are  appointed 
(44) 


Chap.  2 


TIME  AND  NOTICE  OF  ELECTIONS. 


4r> 


to  be  held,  and  such  proclamation  shall  also  be  inserted  in 
a  newspaper  published  in  the  county.    (K.  S.  Sec.  2977.) 

Note  : — The  sheriff  is  not  required  to  make  proclamation  of  election  for  town- 
ship and  municipal  officers.     Ally.  Gen.   9-25-1907. 

Notice  of  the  submission  of  any  question  to  be  voted  upon  should  be  embodied 
in   the^proclamation.     See  Sec.   4840  G.  C. 

Though  the  neglect  of  a  Sheriff  by  proclamation,  to  give  notice  of  an  election 
may  be  competent  evidence,  in  connection  with  other  circumstances,  to  prove 
fraud,  or  conspiracy  on  the  ground  of  which  an  election  is  contested,  sucli 
neglect  is  not  conclusive  of  the  invalidity  of  an  election. 

State  ex  rcl.  Attorney   General   v.   Taylor,   15  0.  S.    137. 

A  proceeding  in  mandamus  to  compel  the  Sheriff  to  give  notice  and  mak» 
proclamation  to  the  qualified  voters  of  a  county  to  elect  a  judge  of  the  court  of 
common  pleas  therein  is  properly  instituted  upon  the  relation  of  an  elector  of  such 
counly. 

State  V.  Brown,  38  0.  S.  344. 

As  to  the  Sheriff's  proclamation,  see  further  Foster  v.  Scarff,  15  O.  S.  532. 

The  sheriff  is  not  authorized  to  issue  a  proclamation  for  an  election  for  the 
.submission  of  a  proposed  law  or  constitutional  amendment,  to  a  vote  of  the  elec- 
tors of  the  state.  The  constitution  and  statutes  i)rovide  that  notice  of  such  elec- 
tion shall  be  given  by  mailing  or  delivering  a  copy  of  the  proposed  law  or  amend- 
ment to  be  submitted  to  each  voter  of  the  state:  Atty.  Gen.  1913,  Vol.  1,  pag' 
367. 

Section  4828.     Biennially,  on  the  first  Tuesday  after  Time  of  con- 
the  first  Monday  in  November  in  the  even-numbered  years,  fi'ons!"''"^  ^'^*^' 
the  electors  of  each  congressional  district  shall  vote  for  a 
representative  in  the  congress  of  the  United  States  for  the 
term  commencing  on  the  fourth  dav  of  j\larch  next  there- 
after.    (R.  S.  Sec.  2979.) 

Note  : — 'Section  4828-1  provides  for  the  apportionment  of  congressional  dis- 
tricts for  Ohio  under  the  thirteenth  census  of  the  United  States  (106  v.  474.) 


Section  4828-2.  On  the  first  Tuesday  after  the  first 
Monday  in  November,  1914,  and  every  sixth  year  there- 
after, and  on  the  first  Tuesday  after  the  first  Monday  in 
November,  1916,  and  every  sixth  year  thereafter,  the  elec- 
tors of  the  state  shall  vote  for  a  member  of  the  senate  of 
the  United  States,  each  for  the  term  commencing  on  the  4th 
day  of  March  next  succeeding  his  election.  Notice  of  such 
elections  shall  be  given  by  the  proper  sheriiTs  of  the  several 
counties  of  the  state  at  the  same  time  and  m  the  same  man- 
ner as  is  provided  for  in  section  4827  for  the  election  of 
state  officers.     (104  v.  8.) 

Section  4828-3,  When  by  death,  resignation  or  other- 
wise, a  vacancy  occurs  in  the  representation  of  this  state  in 
the  senate  of  the  United  States,  the  same  shall  be  filled  forth- 
with by  appointment  by  the  governor  who  shall  have  power 
to  appoint  to  fill  such  vacancy  some  suitable  person  having 
the  necessary  qualifications  for  senator,  which  appointee 
shall  hold  office  until  the  fifteenth  day  of  December  next 
succeeding  the  next  election  of  state  officers  which  occurs 
more  than  one  hundred  and  eighty  days  after  such  vacancy 
happens.  At  such  next  election  of  state  officers  a  special 
election  to  fill  such  vacancy  in  the  office  of  United  States 
senator  shall  be  held,  which  special  election  shall  be  gov- 
erned in  all  respects  by  the  laws  of  this  state  controlling 
regular  elections  for  such  office.  Candidates  to  be  voted  for 
at  such  special  election  shall  be  nominated  in  the  same  man- 
ner as  is  provided   for  the  nomination  of  candidates   at 


Election  of 
United  States 
senators  by  th« 
electors  of  the 
state.    Notice  of 
election. 


Vacancy  in 

representation 

in  the  U.  S. 

senate,   how 

filled. 

Special   election. 


4G 


TIME  AND  NOTICE  OP  ELECTIONS. 


Chap.  2 


Writ   issued   by 
covernnr   direct- 
ing speci.Tl  elec- 
tion to  state 
supervisor  of 
electiong. 
Copy  to  sheriffs. 


Vacancy  In 
office  of  con- 
siressnian  or 
member  of  gen- 
eral   assembly. 


Fees  of  sheriff. 


regular  elections.  At  least  one  hundred  and  eighty  days 
prior  to  the  date  of  such  election  of  state  officers  the  gov- 
ernor shall  issue  a  writ,  directing  that  a  special  election  be 
held  to  fill  such  vacancy  as  herein  provided.  Such  writ 
shall  be  directed  to  the  state  supervisor  of  elections  and  a 
coj)y  thereof  sent  by  mail  to  the  sheriff  of  each  county  in 
the  state  who  shall  give  notice  of  the  time  and  place  of 
holding  such  special  election  in  the  same  manner  and  at 
the  same  time  provided  in  section  4827  for  giving  similar 
notice  for  regular  elections.     (104  v.  8.) 

Section  4829.  When  a  vacancy  in  the  office  of  rep- 
resentative to  congress  or  senator  or  representative  to  the 
general  assembly  occurs,  the  governor,  upon  satisfactory 
information  thereof,  shall  issue  a  writ  of  election,  directing 
that  a  special  election  be  held  to  fill  such  vacancy  in  the 
territory  entitled  to  fill  it  on  a  day  specified  in  the  writ. 
Such  writ  shall  be  directed  to  the  sheriff  or  sheriffs,  within 
such  territory  who  shall  give  notice  of  the  time  and  places 
of  holding  such  election 'as  in  other  cases.  Such  election 
shall  be  held  and  conducted  and  returns  thereof  made  as 
in  case  of  a  "regular  election.     (R.  S.  Sec.  2988.) 

Section  4880.  For  services  performed  under  this  title 
the  sheriff  shall  receive  the  following  fees :  Prom  the  county 
treasury  to  be  credited  to  his  fee  fund:  For  advertising 
the  election,  twenty-five  cents  for  each  election  precinct  but 
not  less  than  fifty  cents  for  each  township  in  the  county. 
Mileage  at  the  rate  of  eight  cent.s  a  mile  for  the  distance 
actually  traveled.      (102  v.  287.) 


ELECTION  IN  ODD  NUMBERED  YEaRH. 

Township  officers  SECTION  48-'{l.     Townsliip  officcrs  and  justices  of  the 

the^  ieace.^^  ^^  pcacc  shall  be  chosen  by  the  electors  of  each  township  on 
the  first  Tuesday  after  the  first  IMonday  in  November  in 
the  odd  numbered  years.     (R.  S.  Sec.  1442.) 

Note  : — The  electors  of  an  incorporated  village  located  within  a  township, 
are  entitled  to  participate  In  the  election  of  township  officers,  and  such  officers 
may  or  may  not  be  residents  of  the  municipality.  Atty.  Gen.  12-30,  1909.  See  also 
Halsey  et  al.  v.  Ward.  17  0    S.  543. 


.Vol ice  of  town- 
ship election. 


Section  4832.  At  least  twenty  day.  before  the  reg- 
ular election  for  township  officers,  the  township  trustees 
shall  issue  their  warrant  to  a  constable  of  the  township, 
directing  him  to  notify  the  electors  of  the  township  to 
assemble  at  the  time  and  place  appointed  for  the  regular 
election.  The  warrant  shall  enumerate  the  officers  to  be 
chosen  at  the  election.  On  application  of  two  or  more 
freeholders  of  the  township  for  that  purpose,  the  trustees 
shall  insert  in  the  warrant  such  other  question,  if  any, 
as  may  be  proposed  to  be  submitted  at  such  election.  (R. 
S.  Sec.  M45.) 

NoTK  : — An  election  will  not  be  declared  void  because  the  notice  required  by 

statute  was  not  given  for  the  full  length  of  time  specified,  when  it  appearsr  that 

the  great  body  of  electors  had  actual  notice  of  and  participated  in  the  election. 

Ilarpster  v.  Brower,  et  al..  5  C.  C.  395. 

See  Sec.  4840  G.  C. 


Ghap.    2  TIME  AND  NOTICE  OF  ELECTIONS. 


47 


Section  4833.  The  constable  who  receives  such  war- 
rant shall  notify  the  electors  of  the  township  by  posting 
copies  of  the  warrant  in  at  least  three  public  places  in  the 
township  at  least  ten  days  before  the  meeting  of  the  elec- 
tors. If  the  office  of  one  or  more  of  the  trustees  is  vacant, 
the  township  clerk,  together  with  the  trustee  or  trustees  in 
office,  shall  issue  such  warrant.     (R.  S,  Sec.  1446.) 

Section  4834.  In  townships  which  have  been  divided, 
the  trustees  shall  give  fifteen  days  notice  of  the  time  and 
place  of  holding  elections  in  the  precincts  of  such  townships 
oy  posting  written  or  printed  notices  in  such  number  of 
places  as  to  them  seem  proper  for  the  general  information 
of  the  electors  of  the  several  precincts.       (R.  S.  Sec.  1392.) 

Section  4835.  The  judges  of  the  superior  court  of 
Cincinnati  shall  be  elected  by  the  electors  of  the  city  of 
Cincinnati  on  the  first  Tuesday  after  the  first  IMonday  of 
November  of  each  odd-numbered  year  preceding  that  in 
which  the  term  of  any  such  judge  expires.  (R.  S.  Sec. 
483.) 

Section  4836.  All  elective  municipal  officers  and 
judges  and  clerks  of  police  courts  and  assessors  in  munici- 
palities shall  be  chosen  on  the  first  Tuesday  after  the  first 
Monday  in  November  in  the  odd-numbered  years.  (98 
V.  172  §  222.) 

Section  4837.  Previous  to  any  election  for  municipal 
officers,  the  mayor  shall  issue  a  proclamation  to  the  electors 
of  the  corporation  or  of  the  respective  wards  or  districts 
thereof,  as  the  case  may  require,  setting  forth  the  time  and 
places  of  election  and  the  officers  to  be  chosen,  and  cause 
such  proclamation  to  be  published  in  a  newspaper  printed 
in  the  corporation  at  least  ten  days  previous  to  the  election. 
If  no  such  newspaper  is  published  in  the  corporation,  such 
notice  may  be  given  by  posters.     (R.  S.  Sec.  1726.) 


How   notice 
served. 


Notice  of  elec- 
tions in  pre- 
cincts. 


Judges  of 
superior  court 
of  Cincinnati. 


Election  of 

municipal 

offlcers. 


Mayor  shall 
issue  proclama- 
tion of  election. 


Note  :— See  Sec.  4840  G.  C 


Notice  of  school 
elections. 


Section  4838.     All  elections  for  members  of  boards  Election  of 
of  education  shall  be  held  on  the  first  Tuesday  after  the  EdTf  eL-^^ 
first  Monday  in  November  in  the  odd-numbered  years.     (37  ^''"^tion. 
V.  40  §  2.) 

Section  4839.  The  clerk  of  each  board  of  education 
shall  publish  a  notice  of  all  school  elections  in  a  newspaper 
of  general  circulation  in  the  district  or  post  written  or 
printed  notices  thereof  in  five  public  places  in  the  district 
at  least  ten  days  before  the  holding  of  such  election.  Such 
notices  shall  specify  the  time  and  place  of  the  election,  the 
number  of  members  of  the  board  of  education  to  be  elected, 
and  the  term  for  which  th oy  are  to  be  elected,  or  the  nature 
of  the  question  to  be  voted  upon.     (97  v.  354  §  2.) 

provisions  applicable  each  year. 

Section  4840.     Unless  a  statute  providing  for  the  sub-   ^"J^f/^ihe^n 
mission  of  a  question  to  the  voters  of  a  county,  township,   special  election 
city  or  village  provides  for  the  calling  of  a  special  election  ""*  '''''^^^'^  '°'" 


4J 


TIME  AND  NOTICE  OF  ELECTIONS. 


Chap.  2 


for  that  puri^ose,  no  special  election  shall  be  so  called. 
The  question  so  to  be  voted  upon  shall  be  submitted  at  a 
regular  election  in  such  county,  township,  city  or  village, 
and  notice  that  such  question  is  to  be  voted  upon  shall  be 
embodied  in  the  proclamation  for  such  election.  (90  v. 
130  §  2.) 

The  sheriff  is  not  authorized  to  issue  a  proclamation  for  an  election  for  the 
submission  of  a  proposed  law  or  constitutional  amendment,  to  a  vote  of  the  elec- 
tors of  the  state.  The  constitution  and  statutes  provide  that  notice  of  such  elec- 
tion shall  be  given  by  mailing  or  delivering  a  copy  of  the  proposed  law  or  amend- 
ment to  be  submitted  to  each  voter  of  the  state :  Atty.  Gen.  1913,  Vol.  I,  page 
367. 

Note  : — Where  a  question  is  submitted  to  the  voters  of  a  township  or  other 
subdivision,  such  as  the  question  of  the  issue  of  a  tax  levy,  such  question  should 
be  printed  upon  a  separate  ballot  and  deposited  in  a  separate  ballot  box  presided 
over  by  the  regular  judges  and  cletks  of  election.     See  Sec.  5020  G.  C. 

Where  an  act  providing  for  the  submission  of  the  question  of  issuing  bonds 
for  a  county  soldiers'  and  sailors'  memorial  to  a  vote  of  the  electors  of  the 
county,  makes  no  provision  for  a  special  election  and  no  provision  as  to  the 
manner  of  submitting  such  question,  but  merely  directs  that  it  be  submitted  to 
the  "popular  vote  at  the  next  regular  county  election,"  the  submission  of  such 
question  at  the  next  general  state  and  county  election  is  not  a  separate  election, 
but  is  the  submission  of  a  question  at  the  general  election  as  provided  by  Sees. 
2996-2  and  2966-32  Rev.  Stat.,  and  the  deputy  state  supervisors  of  elections  are 
not  entitled  to  any  additional  compensation  for  so  submitting  such  question. 
State  ex  rel.  v.  Jones,   14  O.  D.   109. 

A  special  election  may  be  held  upon  the  date  of  a  primary  election  and  by 
the  same  judges  and  clerks.     Atty.  Gen.  4-25-10. 


Proclamation 
as  to  sale  of 
liquors  on  elec- 
tion d*7. 


Section  4841.  Three  days  previous  to  and  on  the 
day  of  any  election,  the  mayor  shall  issue  a  proclamation 
to  the  public  setting  forth  therein  the  substance  of  the 
enactment  to  prohibit  the  sale  of  intoxicating  liquors  upon 
that  day,  and  he  shall  take  proper  measures  for  the  en- 
forcement of  such  enactments.     (R.  S.  Sec.  1838.) 


Note  : — On  any  day  on  which  an  election  is  held  under  the  general  election 
laws  saloons  must  be  closed  within  the  district  or  political  divisions  for  which 
such  election  is  held.     Atty.   Gen.   12-7-1908. 

The  mayor  should  publish  his  proclamation  respecting  the  closing  of  saloons 
on  the  day  of  holding  the  primary  election.     Atty.  Gen.  8-31-1909. 


CHAPTER  3. 
KLECTION  PRECINCTS. 


Skotion 

4842. 

4843. 

4844. 

4845. 

4846. 

4847. 

4848. 
4849. 

4849-1. 

4849-2. 
4849-3.  . 

4849-4. 


Township  precincts. 

Municipal  precincts. 

Where  elections  for  precincts  held. 

I'recincts  with  four  hundred  votes  or 
more   may  be  divided. 

When  township  precinct  with  less  num- 
ber of  votes  may  be  divided. 

Precincts  may  be  rearranged  or  com- 
bined. 

Exceptions. 

Hearing  in  case  of  division  or  change 
of  precincts. 

State  or  national  home  a  separate  elec- 
tion  precinct. 

Subdividing  and  rearranging  precincts. 

Fixing  places  for  holding  elections  and 
furnishing  equipment. 

How  expenses  shall  be  paid. 


Section 

4849-5.     Laws  governing  elections. 

4850.  What  preceding  section  shall  not  affect. 

4851.  Precincts   In   registration   cities. 

4852.  Ballot  boxes  and  custody  thereof. 

PRECINCT    OFFICERS. 

4853.  Appointment  of  judges  and  clerks;  Pre- 

siding judge. 

4854.  Terms  of  judges  and  clerks;  vacancies. 

4855.  Oath  of  judges  and  clerks. 

4856.  What  officers  may  administer  oaths   to 

judges  and  clerks. 

4857.  Appointments  for  unexpired  terms. 

4858.  Judges  and  clerks  may  be  removed. 

4859.  General   duties  of  judges  and   clerks. 

4860.  Compensation. 


Section  4842.  Each  township,  exclusive  of  the  terri- 
tory embraced  within  the  limits  of  a  municipal  corporation, 
shall  compose  an  election  precinct,  unless  such  township 
is  divided  according  to  law  into  precincts.  (R.  S.  Sec. 
2923.) 

Section  4843.  Each  municipal  corporation,  contain- 
ing fifty  or  more  voters,  shall  compose  an  election  precinct, 
unless  such  corporation  is  divided  according  to  law  into 
precincts.  If  a  municipal  corporation  is  situated  in  two  or 
more  townships  or  counties,  the  territory  of  such  corpora- 
tion situated  in  each  township  or  county,  together  with 
such  territory  as  may  be  attached  thereto  for  voting  pur- 
poses, shall  constitute  at  least  one  election  precinct,  if  there 
are  fifty  or  more  voters  therein.  Territory  annexed  to  a 
village  for  school  purposes  may  be  included  within  a  village 
precinct,  if  the  deputy  state  supervisors  are  of  the  opinion 
it  is  practicable  and  most  convenient  to  the  voters.  Each 
ward  of  a  city  shall  compose  one  election  precinct,  unless 
it  is  divided  according  to  law  into  precincts.  (R.  S.  Sec. 
2923,  2966-15.) 

Section  4844.  Elections  shall  be  held  for  each  town- 
ship precinct  at  such  place  within  the  township  as  the  trus- 
tees thereof  shall  determine  to  be  most  convenient  of  access 
for  the  voters  of  the  precinct.  Elections  shall  be  held  for 
each  municipal  or  ward  precinct  at  such  place  as  the  council 
of  the  corporation  shall  designate.  In  registration  cities, 
the  deputy  state  supervisors  shall  designate  the  places  of 
holding  elections  in  each  precinct.     (R.  S.  Sec.  2923.) 

Section  4845.  When  four  hundred  votes  or  more  have 
been  cast  at  the  last  preceding  November  election  in  a  mu- 
nicipality where  registration  is  not  required  or  in  any  ward 
or  precinct  thereof,  and  when  such  number  of  votes  have 
been  cast  at  such  election  in  a  towTiship  or  precinct  thereof, 
suoh  municipality,  township,  ward  or  precinct  may,  or  when 

(49) 


Township 
precincts. 


Municipal 
precincts. 


Where  election.«i 
for  precincts 
held. 


Precincts  with 
four  hundred 
votes  or  more 
may  be  divided. 


50 


ELECTION  PRECINCTS. 


Chap.  3 


When  township 
precinct  with 
less  number  of 
votes  may  be 
divided. 


Precincts  may 
be  re -arranged 
or  combined. 


Exceptions. 


Hearing  in  case 
of  division  or 
change  of  pre- 
cincts. 


State  or  national 
home  a  separate 
election  precinct. 


Subdividing 
and  rearranging 
precincts. 


Hauling  ijunates 
to  polls  not  cor- 
rupt practice. 


a  majority  of  the  voters  petition  tHerefor  shall,  be  divided 
by  the  deputy  state  supervisors,  as  hereinafter  provided, 
into  two  or  more  election  precincts,  so  as  to  limit  the  num- 
ber of  voters  in  each  ward  or  precinct  to  two  hundred,  as 
nearly  as  may  be  practicable.     (R.  S.  Sec.  2966-15.) 

Section  4846.  A  township  wherein  less  than  four 
hundred  votes  were  cast  at  the  last  preceding  November 
election  may  be  divided  into  two  election  precincts,  as  here- 
inafter provided,  if  a  majority  of  the  voters  therein  petition 
therefor  and  the  deputy  state  supervisors  are  of  the  opinion 
that  such  division  is  necessary.     (R.  S.  Sec.  2966-15.) 

Section  4847.  From  time  to  time  any  or  all  of  such 
precincts  may  be  re-arranged,  subdivided  or  combined  as 
often  as  may  be  deemed  necessary  or  the  convenience  of 
electors  and  the  prompt  and  correct  conduct  of  elections 
may  require.     (R.  S.  Sec.  2966-15.) 

Section  4848.  No  precinct  so  created  shall  contain 
less  than  one  hundred  and  fifty  voters,  except  a  township 
precinct  may  contain  seventy-five  voters,  and  a  municipality, 
or  the  part  thereof  in  each  township,  containing  fifty  or 
more  voters  shall  compose  at  least  one  voting  precinct,  as 
hereinbefore  provided.     (R.  S.  Sec.  2966-15.) 

Section  4849.  At  least  thirty  days  previous  to  any 
election,  the  deputy  state  supervisors  shall  give  ten  days' 
notice  by  publication  in  two  papers  of  opposite  politics  pub- 
lished in  the  county  that  the  question  whether  the  township, 
ward,  or  precinct  shall  be  divided,  changed  or  combined 
will  be  considered  on  a  day  named  in  the  notice.  On  such 
day  or  some  subsequent  day  to  which  the  matter  may  be 
adjourned,  the  question  of  dividing,  changing  or  combining 
such  precinct  shall  be  heard.  If  there  are  no  remonstrances 
against  such  division,  change  or  combination,  the  deputy 
state  supervisor  shall  declare  in  favor  thereof  and  desig- 
nate the  precincts  so  established.  If  twelve  electors  of  such 
precinct  remonstrate  against  such  division,  change  or  com- 
bination, the  matter  shall  be  heard  and  determined,  and 
such  order  made  for  or  against  such  division,  change  or 
combination,  as  is  deemed  proper.     (R.  S.  Sec.  2966-15.) 

Section  4849-1.  That  in  any  township  or  townships 
wherein  is  located,  or  may  hereafter  be  located,  a  state  or 
a  national  home  for  disabled  volunteer  soldiers,  the  lands 
owned  and  used  for  said  institution  shall  be  and  constitute 
a  separate  election  precinct.     (106  v.  450.) 

Section  4849-2.  The  deputy  state  supervisors  or  the 
deputy  state  supervisors  and  inspectors  of  elections,  as  the 
case  may  be,  of  the  county  wherein  said  institution  is,  or 
may  be,  located,  may  subdivide  said  precinct,  or  re-arrange 
or  combine  the  sub-division  of  said  precinct,  as  often  as  may 
be  deemed  necessary  for  the  convenience  of  electors  and 
the  prompt  and  correct  conduct  of  elections  may  require,  in 
the  manner  provided  by  law  for  other  township  precincts. 
The  provisions  of  section  5175-26,  of  the  General  Code,  as 
amended  April  16,  1913  (0.  L.  104),  insofar  as  they  relate 


Chap.   3  ELECTION  PRECINCTS.  '  51 

to  the  hauling  of  persons  to  the  polls,  shri'l  not  apply  to 
inmates  of  soldiers'  homes.     (106  v.  450.) 

Section  4849-3.     The  said  deputy  state  supervisors  or  KixiuK  places  for 
supervisors  and  inspectors,  as  the  case  may  le,  shall  fix  the   aSlffu^rifSg"'' 
places  of  holding  all  elections  in  said  prei  nets,  provided   equipment, 
lliat  the  polling  places  shall  be  located  outside  the  grounds 
of  said  institution,  and  within  one  hundred  feet  thereof; 
shall  appoint  ju(i».',cv^  Mud  clerks  of  election,  provide  and 
preserve  suitable  Looths,  ballot  boxes,  and  equipment  in  the 
manner  they  are  authorized  to  do  in  registration  cities;  and 
do  and  perform  the  duties  required  by  law  of  township 
trustees  insofar  as  the  holding  of  elections  in  said  precincts 
is  concerned.     (106  v.  450.) 

Section  4859-4.     The  expenses  'M  all  elections  held  in  How  expenses 
said   precincts,   including  election   officcis,    booths,   ballot-  ^  ^     «  p*  • 
boxes,  equipment  and  supplies,  shall  be  pa^ci  by  the  county 
commissioners,  as  other  county  election  expenses  are  paid; 
and  said  expenses  shall  not  be  a  charge   ipon  the  township 
as  provided  in  sections  4991  and  5053  of  the  General  Code. 

Section  4849-5.  Except  as  herein  provided  the  elec-  Laws  govem- 
tions  in  said  precincts  shall  be  governed  by  the  same  laws  '"^  elections, 
as  relate  to  elections  in  townships.     (106  v.  450.) 

Section  4850.  Nothing  in  the  preceding  sections  shall  what  preceding 
affect  the  powers  or  duties  of  boards  of  deputy  state  super-  affect" 
visors  in  reference  to  the  division  of  election  precincts  with- 
in registration  cities.  The  division  of  any  election  precinct 
into  two  or  more  subdivisions,  as  hereinbefore  provided, 
shall  not  require  the  election  of  an  assessor  in  each  such 
subdivision,  but  in  all  such  election  precinct  subdivisions 
there  shall  be  elected  one  assessor  for  each  original  precinct 
unless  such  supervisors  at  the  time  of  the  division  shall 
order  that  an  assessor  be  elected  in  each  precinct.  (R.  S. 
Sec.  2966-15.) 

Section  4851.  In  aities  in  which  registration  is  re-  ^trat?oi^ciu"'" 
quired  by  law,  when  five  hundred  votes  or  more  have  been 
cast  at  the  last  preceding  election  in  any  ward  or  in  any 
precinct  in  any  ward,  such  ward  or  electioji.  precinct  shall 
be  divided  by  the  board  of  deputy  state  supervisors  of  the 
county  into  two  or  more  election  precincts  so  as  to  limit 
the  nuinher  of  votes  in  each  ward  or  precinct  to  two  hun- 
dred fifty  as  nearly  as  may  be  practicable.  From  time  to 
time  thereafter,  such  board  shall  re-arrange,  subdivide  or 
combine  precincts  as  often  as  it  may  deem  such  action  neces- 
sary to  secure  the  convenience  of  electors  and  the  prompt 
and  correct  conduct  of  elections.  But  no  precinct  so  created 
shall  contain  less  than  two  hundred  voters  (R.  S.  Sec. 
2926.) 

Section  4852.  The  deputy  state  sup<»rvisors  of  each  Baiiot  boxes  and 
county  shall  cause  to  be  provided  at  fhe  expense  of  the  ^"^^^^^  *h«^«^' 
county  a  ballot  box  for  each  election  precinct  therein,  and 
cause  it  to  be  deposited  w-ith  the  proper  township  or  village 
clerk  or  cit}  auditor.  Each  such  officer  shall  cause  a  ballot 
box  Avith  a  copy  of  this  title  to  be  delivered  at  eanh  place 
of  holding  elections  in  his  township  or  corporatio\   i^  ;)rton 


52 


ELECTION  PRECINCTS. 


Chap.  3 


as  elections  are  held  therein.  After  such  election,  such 
ballot  box  shall  be  forthwith  returned  to  him  by  the  judges 
of  election  for  safekeeping.  In  registration  cities,  the  care 
of  the  ballot  boxes  to  be  used  at  any  election  shall  devolve 
upon  the  board  of  deputy  state  supervisors.  (H.  8.  Sec. 
2928.) 

PRECINCT  OP^FICERS. 

Appointment  of  SECTION  4858.     At  least  ten  days  before  any  general 

rieSre ;  *presidine  election,  the  deputy  state  supervisors  of  each  county  shall 
^^^^^-  appoint  for  each  precinct  in  which  the  voters  are  not  reg- 

istered four  judges  and  two  clerks  of  elections,  residents 
of  the  precinct,  who  shall  constitute  the  election  officers  of 
such  precinct.  The  deputy  state  supervisors  shall  desig- 
nate one  judge  in  each  precinct  to  act  as  presiding  judge, 
who  shall  be  selected  from  the  dominant  party  in  the  pre- 
cinct, as  deteririined  by  the  next  preceding  November  elec- 
tion.    (97  V.  222  §  6.) 


"DOMINANT   PARTY"— DEFINED. 

Note  : — 
Hon.  Carmi  A.  Thompson,  Secretary  of  State,  Columhus,  Ohio. 

Deau  Sir  : — I  beg  to  acknowledge  receipt  of  your  letter  of  September  16tli, 
in  which  you  request  my  opinion  upon  a  question  presented  by  Mr.  Harry  M. 
Loth,  member  of  the  board  of  state  supervisors  of  elections  for  Auglaize  county. 
Mr.   Loth's  question   is  as  follows : 

"What  is  the  meaning  of  the  phrase  'dominant  party,'  as  employed  in 
section  2966-6,  Revised  Statutes,  in  describing  the  qualifications  of  the 
presiding  judge  in  each  precinct,  and  how  is  such  definition  to  be  applied 
in  making  appointments  for  the  election  in  November,  1909,  the  last  general 
election  having  been  a  presidential  one?" 

Section  2966-6,  Revised  Statutes,  is  section  6  of  the  supervisory  election  law 
lo-called,  97  0.  L.  218.     The  pertinent  provision  thereof  is  as  follows: 

"The  deputy  supervisors  shall  designate  one  judge  in  each  precinct  who 
shall  be  selected  from  the  dominant  party  in  such  precinct,  as  determined  by 
the  next  preceding  November  election,  to  act  as  presiding  judge." 

This  section  is  in  pari  materia  with  section  2966-3,  being  section  3  of  the 
same  act,  which  provides  for  the  appointment  of  the  deputy  state  supervisors  of 
elections.     Among  other  provisions  therein  are  the  following  :        4 

"One  member  (of  the  board  of  deputy  state  supervisors  of  elections)  so 
appointed  *  *  *  shall  be  from  the  political  party  which  cast  the  highest 
number  of  votes  at  the  last  preceding  November  election  for  governor  or"  sec- 
retary of  state     *     *     *." 

"Appointments  shall  be  made  from  two  political  parties  which  cast  the 
highest  and  next  highest  number  of  votes  at  the  last  preceding  November 
election  for  governor  or  secretary  of  state." 

The  phrase  "dominant  party"  being  nowhere  specifically  defined,  it  is  my 
opinion  that  it  should  be  construed  in  the  light,  of  the  claus:es  last  above  quoted, 
and  that  in  ascertaining  such  "dominant  party"  in  a  given  precinct  for  the  elec- 
tion in  November,  1909,  the  deputy  state  supervisors  should  be  guided  by  the  vote 
cast  for  governor  in  1908.  That  cast  for  secretary  of  state  may  be  disregarded,  as 
the  law  was  evidently  framed  to  fit  conditions  as  they  were  when  there  were 
annual  elections  for  state  officers,  and  the  candidates  for  governor  and  secre- 
itary  of  state  appeared  alternately  at  the  head  of  each  ticket. 

Yours  very  truly, 

U.  G.  Dbnman. 
Attorney  Oeneral. 

That  part  of  section  2966-6  Revised  Statutes,  above  referred  to  was  enacted 
Into  section  4853  of  the  General  Code,  and  that  part  of  section  2966-3  of  the  same 
act  was  enacted  into  section  4804  of  the  General  Code. 

Following  the  above  opinion  of  U.  G.  Denman,  Attorney  General,  the  ruling  of 
the  State  Supervisor  of  Elections  is  that  in  jrscertaining  the  dominant  party  in  a 
given  precinct  for  the  election  in  November,  1911,  the  deputy  state  supervisors 
should  be  guided  by  the  vote  cast  for  Governor  in  1910. 

Judges  and  clerks  of  elections  should  be  selected  from  "political  parties," 
within  the  meaning  of  this  section.  The  board  may  in  its  discretion  appoint  a 
judge  or  clerk  from  a  political  party  other  than  the  two  political  parties  which 
cast  the  highest  and  next  highest  number  of  votes  in  the  precincts  at  the  next 
preceding  November  election. 


Chap.  3 


ELECTION   PRECINCTS. 


53 


A  member  of  a  board  of  deputy  state  supervisors  is  not  eligible  to  serve  as 
a  judge  or  clerk  of  elections  or  registrars  of  a  precinct  within  the  jurisdiction 
of  such  board. 

There  must  be  four  judges  and  two  clerks  of  elections  in  each  township  pre- 
cinct,  who  must  be  divided  numerically  among  the  political  parties,  but  If  a 
sufficient  number  do  not  reside  in  the  precinct  they  may  be  selected  from  other 
precincts.     Atty.  Gen.  10-20-1908. 

This  section  does  not  authorize  the  employment  of  more  than  two  clerks  of 
election  in  each  voting  booth.     Atty.  Gen.  10-25-1909. 

In  the  absence  of  statutory  direction  as  to  the  manner  of  notice,  the  custom 
of  mailing  to  each  judge  and  clerk  his  certificate  of  appointment  should  govern. 
It  is  doubtful  whether  the  deputy  supervisors  may  incur  unusual  expense  for  this 
purpose.     Atty.  Gen.  1-21-1910. 

Section  4854.  The  terms  of  the  judges  and  clerks  JJ^^Jj^/JV'^'^" 
shall  terminate  at  the  end  of  one  year  from  the  date  of  vacancies.  ' 
their  appointment,  at  which  time  their  successors  shall  be 
;ip|)ointed  to  similar  terms  of  office  as  herein  provided.  Not 
more  than  two  judges  and  not  more  than  one  clerk  shall 
l)elong  to  the  same  political  party.  If  a  judge  or  clerk  in 
a  precinct  fails  to  appear  on  the  morning  of  election,  the 
electors  present  shall  viva  voce  choose  a  suitable  person, 
having  the  qualifications  of  an  elector,  to  fill  the  vacancy, 
who  shall  be  from  the  political  party  to  which  the  absent 
judge  or  clerk  belongs.     (97  v.  222  §  6.) 

Note  : — The  terms  of  judges  and  clerks  cannot  extend  beyond,  nor  can  such 
officers  hold  over  beyond  a  year  from  their  appointment. 

Section  4855.  The  judges  and  clerks  of  election  shall  3^;'^''^°/^^^"''^''* 
each  take  and  subscribe  to  the  following  oath,  which,  upon 
re(piest  of  the  person  appointed,  shall  be  administered  with- 
out compensation  by  a  person  authorized  to  administer 
oaths  and  which  shall  be  filed  with  the  clerk  of  the  board  of 
deputy  state  supervisors: 


State  of  Ohio, county,  ss. 

I  do  solemnly  swear  that  I  will  support  the  constitution 
of  the  United  States  and  of  the  state  of  Ohio,  and  to  the 

best  of  my  ability  discharge  the  duties  of  judge 

clerk of  the  elec- 
tion in  and  for  precinct town- 
ship,   county,  at  the  next  ensuing  elec- 
tion, and  I  further  swear  that  if,  in  the  discharge  of  my 
official  duties,  I  gain  knowledge  as  to  how  any  elector  voted 
at  such  election,  I  will  not  disclose  it. 

Signed 

Sworn  to  and  subscribed  before  me  this 

•lay  of ,  in  the  year.  . .  . 


(91  v.  120  §  7.) 


(Title  of  officer.) 


Section  4856.     The  judges  and  clerks  of  elections  may  what  officers 

he  sworn  by  the  clerk  of  the  board  or  a  member  thereof,  and  ""onxlATrnfel 

the  presiding  judge  may  administer  the  oath  to  the  other  ^^^  c\eT\(s. 
election  officers  of  his  ward,  township  or  precinct.     (97  v. 
222  §  6.) 

Section  4857.    When  new  precincts  have  been  created  Appointments 

or  vacancies  exist,  the  deputy  state  supervisors,  at  least  ten  {Jmi""''"^*^ 


54 


ELECTION  PRECINCTS. 


Chap.  3 


Judges  and 
clerks  may  be 
removed. 


General  duties 
of  Judges  and 
clerks. 


Compensation 
of  Judges  and 
clerks. 


days  before  any  regular  election,  shall  appoint  judges  and 
clerks  of  elections  for  such  precinct,  who  shall  serve  for  the 
unexpired  terms.     (97  v.  222  §  6.) 

Section  4858.  The  judges  and  clerks  of  election  ap- 
pointed as  provided  in  this  chapter  may  be  summarily  re- 
moved from  office  at  any  time  by  the  board  of  deputy  state 
supervisors  for  neglect  of  duty,  malfeasance  or  misconduct 
therein,  and  in  all  cases  the  last  appointment  to  either  of 
such  offices  for  a  precinct  shall  be  recognized  as  valid. 
AVhen  any  such  officers  have  been  removed  and  new  ap- 
pointments made,  the  board  of  deputy  state  supervisors 
shall  immediately  send  notice  thereof  to  the  board  of  pre- 
cinct officers.     (97  v.  222  §  6.) 

kSection  4859.  The  judges  and  clerks  of  elections,  pro- 
vided for  herein,  shall  serve  as  such  in  all  elections  held 
under  the  provisions  of  this  title.  They  shall  perform  all 
the  duties  and  be  subject  to  all  the  penalties  imposed  by 
law  upon  judges  and  clerks  of  elections.     (97  v.  223  §  8.) 

Section  4860.  Such  judges  and  clerks  shall  each  re- 
ceive as  compensation  for  their  services  the  sum  of  five  dol- 
lars, which  services  shall  be  the  receiving,  recording,  can- 
vassing and  making  returns  of  all  the  votes  that  may  be 
deliv^ed  to  them  in  the  voting  precinct  in  v/hich  they  pre- 
side on  each  election  day.  In  cities  where  registration  is 
required,  the  compensation  of  judges  and  clerks  shall  be 
as  otherwise  provided  by  law.     (107  0.  L.  690.) 


Note  : — Compensation  of  judges  and  clerks  of  elections  need  not  be  allowed 
for  by  county  commissioners.     Atty.  Gen.  8-19-1907. 


CHAPTER  4. 


QUALIFICATIONS  OF  ELECTORS. 


Section 

4861.     Qualifications  of  electors. 
When  women  may  vote. 
Residence  in  state,  county,  township  and 

municipality. 
Exception  as  to  head  of  a  family. 
Residence  required  to  vote  at  municipal 
elections. 


4862. 
4863. 


4864. 
4865. 


Section 
4866.     Rules 


4867. 


4868. 
4869. 


to   govern   judges   In   determining 

resridence. 
Where    inmates    of   soldiers'    home    may 

vote. 
Residence  of  Inmates  of  city  Infirmaries. 
Municipal  lodging  house. 


Qualifications 
of  elector. 


Offices  for  which 
women  entitled 
to  vote  and  be 
voted  for. 


Section  4861.  Every  male  citizen  of  the  United  States, 
who  is  of  the  age  of  twenty-one  years  or  over,  and  pos- 
sesses the  qualifications  in  regard  to  residence  hereinafter 
provided,  shall  be  entitled  to  vote  at  all  elections.  (Con. 
Art.  V.  §  1.) 

Section  4862.  Every  woman,  bom  in  the  United 
States  or  w^ho  is  the  wife  or  daughter  of  a  citizen  of  the 
United  States,  who  is  over  twenty-one  years  of  age  and 
possess  the  necessary  qualifications  in  regard  to  residence 
hereinafter  provided  for  men  shall  be  entitled  to  vote  and  be 
voted  for  for  member  of  the  board  of  education  and  presi- 
dential elector  and  to  vote  and  be  voted  for  at  any  and  all 
primaries  or  other  elections  provided  for  in  sections  4953, 
4954  and  4955  of  the  General  Code  and  upon  no  other 
question. 

Section  4863.    No  person  shall  be  permitted  to  vote  at  Residence  in 
any  election  unless  he  shall  have  been  a  resident  of  the  state  ?S^*Skhfp"a'nd' 
for  one  year,  resident  of  the  county  for  thirty  days,  and,  municipality, 
except  as  provided  in  the  next  section,  resident  of  the  town- 
ship, village  or  ward  of  a  city  or  village  for  twenty  days 
next  preceding  the  election  at  which  he  offers  to  vote.     (R. 
S.  Sec.  2945.) 

The  residence  of  a  person  is  the  place  in  which  he  has  fixed  his  habitation 
without  any  present  Intention  of  removing  therefrom,  and  to  which  whenever  he 
Is  absent  he  has  the  Intention  of  returning:  State,  ex  rel.,  v.  Hathaway,  22  0. 
C.  C.   (N.  S.)  314. 

Section  4864.  A  person  who  is  the  head  of  a  family  Exception  as  to 
and  has  resided  in  the  state  and  in  the  county  in  which  '''*^  °^  ^  '*'""''• 
such  township,  village  or  ward  of  a  city  or  village  is  situated 
the  length  of  time  required  by  the  preceding  section,  and 
who  bona  fide  removes  with  his  family  from  a  ward  to  an- 
other ward  in  such  city  or  village,  or  from  a  ward  of  such 
city  or  village  to  a  township  or  village  in  the  same  county, 
or  from  a  township  or  village  to  a  ward  of  a  city  or  village 
in  the  same  county,  or  from  one  township  to  another  in  the 
same  county,  shall  have  the  right  to  vote  in  such  township, 
village  or  Avard  of  a  city  or  village  without  having  resided 
therein  the  length  of  time  so  prescribed  by  such  section. 
(R.  S.  Sec.  2945.) 

Note  : — Where  territory  is  transferred  from  one  township  to  another  by  an 
unconstitutional  statute,  electors,  in  such  territory  are  not  thereby  made  legal 
voters  of  the  township  to  which  It  is  sought  to  attach  the  territory.  State,  ex  rel. 
Bambach  v.  Markley.  9  O.  C.  C.   (N.  S.)  562. 

(55) 


5« 


QUALIFICATIONS  OF  ELECTORS. 


Chap  4 


R«sldeiic0   r«- 
aulred   to   Tots 
at  municipal 
electloHg. 


Rules  to  g»T«ni 
judges  In  de- 
termining rert- 
dence. 


Section  4865.  Such  voter  so  removing  with  his  family 
from  a  township  to  a  village  or  ward  of  a  city  or  village 
in  the  same  county  shall  not  have  the  right  to  vote  at  any 
moinicipal  election  held  in  such  city  or  village,  unless  he 
shall  have  resided  therein  twenty  days  prior  to  such  mu- 
nicipal election.     (R.  S.  Sec.  2945.) 

Section  4866.  All  judges  of  election,  in  determining 
the  residence  of  a  person  offering  to  vote,  shall  be  governed 
by  the  following  rules,  so  far  as  they  may  be  applicable : 

1.  That  place  shall  be  considered  the  residence  of  a 
person  in  which  his  habitation  is  fixed,  and  to  which,  when- 
ever he  is  absent,  he  has  the  intention  of  returning. 

2.  A  person  shall  not  be  considered  to  have  lost  his 
residence  who  leaves  his  home,  and  goes  into  another  state, 
or  county  of  this  state,  for  temporary  purposes  merely,  with 
the  intention  of  returning. 

3.  A  person  shall  not  be  considered  to  have  gained  a 
residence  in  any  county  of  this  state,  into  which  he  comes 
for  temporary  purposes  merely,  without  the  intention  of 
making  such  county  his  home. 

4.  The  place  where  the  family  of  a  married  man  re- 
sides shall  be  considered  and  held  to  be  his  place  of  resi- 
dence, except  where  the  husband  and  wife  have  separated 
and  live  apart,  then  the  place  where  they  resided  at  the 
time  of  the  separation  shall  be  considered  and  held  to  be 
his  place  of  residence,  unless  he  afterward,  and  during  the 
time  of  such  separation,  remove  from  such  place,  in  which 
case  the  county,  township,  city  or  village  in  which  he  re- 
sides the  length  of  time  required  by  the  provisions  of  this 
chapter  to  entitle  a  person  to  vote,  shall  be  considered  and 
held  to  be  his  place  of  residence. 

5.  If  a  person  remove  to  another  state  with  an  inten- 
tion to  make  it  his  permanent  residence,  he  shall  be  con- 
sidered to  have  lost  his  residence  in  this  state. 

6.  If  a  person  remove  to  another  state,  with  an  inten- 
tion of  remaining  there  an  indefinite  time,  and  as  a  place 
of  present  residence,  he  shall  be  considered  to  have  lost  his 
residence  in  this  state,  notwithstanding  he  may  entertain 
an  intention  to  return  at  some  future  period. 

7.  If  a  person  remove  to  the  District  of  Columbia  or 
other  federal  territory  to  engage  in  the  government  service, 
he  shall  not  be  considered  to  have  lost  his  residence  in  any 
county  during  the  period  of  such  service,  and  the  place 
where  such  person  resided  at  the  time  of  his  removal  shall 
be  considered  and  held  to  be  his  place  of  residence. 

8.  The  mere  intention  to  acquire  a  new  residence, 
without  the  fact  of  removal,  shall  avail  nothing;  neither 
shall  the  fact  of  removal  without  the  intention. 

0.  If  a  person  go  into  another  state,  and  while  there 
exercise  the  right  of  a  citizen  by  voting,  he  shall  be  con- 
sidered to  have  lost  his  residence  in  this  state. 

10.  All  questions  of  the  right  to  vote  shall  be  heard 
and  determined  by  the  judges  of  election. 

Note  : — The   question  of  qualification  of  a    voter  must  be   decided   bv  the 


ehap.  4 


QUALIFICATIONS  OP  ELECTORS. 


67 


judges  of  eleetiou,  at  the  time  he  presents  himself  to  rote,  and  their  decision 
must  be  governed  by  the  Instructions  prepared  and  furnished  by  the  Secretary 
of  State  under  Sec.  5047. 

A  resident  of  the  District  of  Columbia  or  other  federal  territory,  while 
engaged  in  the  government  service,  may  elect  a  place  of  residence  for  voting  pur- 
poses elsewhere.  But  he  must  have  a  clear  intention  of  returning  to  such  voting 
residence  as  soon  as  his  temporary  employment  In  the  service  of  the  government 
has  ended. 

Note  : — The  vote  of  a  man  otherwise  qualified,  who  Is  not  a  lunatic  or  idiot, 
but  whose  faculties  are  greatly  enfeebled  by  age,  ought  not  to  be  rejected. 
Sinks  V.  Reese,  19  0.  S.  307. 


Section  4867.  Disabled  soldiers  who  are  inmates  of  a 
national  asylum  for  disabled  volunteer  soldiers  who  are  cit- 
izens of  the  United  States  and  have  resided  in  this  state 
one  year  next  preceding  the  election  and  are  otherwise 
(lualified  as  to  age  and  residence  within  the  county  and 
township  shall  have  their  lawful  residence  in  the  county 
and  township  in  which  such  asylum  is  located.  (R.  S.  Sec. 
2947.) 

Section  486S.  The  legal  residence  of  a  qualified  elec- 
tor who  may  be  an  inmate  of  an  infirmary  owned  or  main- 
tained by  a  city  shall  be  the  ward  or  precinct  of  such  city 
where  such  inmate  was  so  domiciled  or  resident  at  the  time 
of  his  admission  to  such  infirmary  and  shall  so  continue 
during  the  time  he  may  be  an  inmate  thereof.  (87  v.  316 
§1.) 

Section  4869.  A  municipal  lodging  house  shall  not 
constitute  the  legal  residence  of  any  person  so  as  to  qualify 
him  as  an  elector  in  such  municipality.     (100  v.  53  §  7  v.) 


Where  inmates 
of  soldiers' 
home  may  vote. 


Residence  of  in- 
mates of  dty 
infirmaries. 


Municipal  lods- 
ins  house  not  a 
residsnoe. 


CHAPTER  5. 
REGISTRATION  OF  ELECTORS. 


Suction 

4870.  Registration   in   cities  having  a   popula- 

tion   of    eleven    thousand    eight    hun- 
dred or  more. 

4871.  Annual  general  registration  cities. 

4872.  Quadrennial   general   registration   cities. 

4873.  Office  of   board   of   deputy   state   super- 

visors. 

4874.  General  powers  and  duties  of  the  board. 

4875.  Rules  and  regulations. 

4876.  Duties  of  the  clerk. 

4877.  Deputy  clerk  and  assistants. 

4878.  Election  precincts. 

4879.  Appointments    of    registrars,    judges    and 

clerks. 

4880.  Equal  representation  of  political  parties. 

4881.  Appearance  for  examination. 

4882.  Qualification     and     oath     of     registrars, 

Judges  and  clerks. 

4883.  Vacancies  and  removals. 

4884.  Substituted  judges  and  clerks. 

4885.  Notice  of  appointment  of  substitutes. 

4886.  Certificate   of   appointment   as   registrar, 

judge  or  clerk. 

4887.  Powers  and  duties  of   registrars,   judges 

and  peace  officers. 

4888.  Duty  of  city  police. 

4889.  Loitering  near  polls  and  hindering  elec- 

tors. 

4890.  Judges  may  secure  assistance. 

4891.  Duplicate  list  and  registers  of  electors. 

4892.  Form  of  register  of  electors. 

4893.  Duties  of  registrars. 

4894.  Registration  days  specified. 

4895.  When  clerk  may  act  as  registering  officer. 

4896.  Affidavit  in  case  of  unavoidable  absence. 

4897.  Affidavit  of  elector  in  foreign  country. 

4898.  Entry   of   "challenged"    in   case   of   affi- 

davit. 

4899.  Close  of  registration  by  clerk. 

4900.  Registration    of    new    electors    in    quad- 

rennial  registration  cities. 

4901.  Duties  of  registrars. 

4902.  Board     of     registration     of     naturalized 

voters. 

4903.  Hours  for  registration  specified. 

4904.  Oath  to   challenged   elector. 

4905.  Questions  to  be  answered  by  applicant. 

4906.  How  entries  shall  be  made. 

4907.  When    certificate    of    naturalization    may 

not  be  required. 

4908.  Signatures   of   applicant. 

4909.  Duplicate  register. 

4910.  Where  registers  shall  be  deposited. 

4911.  Voters  required  to  register. 

4912.  Registration  of  disabled  persons. 

4913.  Certificate  in  case  of  removal. 

4914.  Certificate  in  case  of  mistake. 

4915.  Registration   on   certificate. 

4916.  Annual  registration  list. 


Section 

4917.  Lists  shall  be  printed  and  posted  at  poll- 

ing place;  copies  of  complete  registra- 
tion. 

4918.  Duplicate    registration    lists    for   use    at 

polls. 

4919.  Meeting   for   granting   or   receiving   cer- 

tificates. 

4920.  Registration    by    order    of    deputy    state 

supervisors. 
4921.'    Meeting  on  evening  prior  to  election. 

4922.  Witness  and  challenger  may  be  admitted 

to  polling  place. 

4923.  Inspection  of  ballot  boxes. 

4924.  Challenge  of  person  named  in  register. 

4925.  Opening  and  closing  of  polls. 

4926.  Duties   of  registrars  acting  as  judges. 

4927.  Location  of  ballot  box  and   checking   of 

lists. 

4928.  Distribution  of  ballots  by  election  officers 

unlawful. 

4929.  Challenges  by  electors, 

4930.  Powers  and  duties  of  judges. 

4931.  Certificate  and  proclamation  of  total  vote 

4932.  Count    of    vote;    excess    of    ballots    de- 

stroyed. 

4933.  Summary  statement   of  votes   cast. 

4934.  Signing   of  tally   sheets. 

4935.  Session  of  board  on  election  day. 

4936.  Certificate  in  case  of  involuntary  mistake 

in  registering. 

4937.  Disposition  of  poll  books  and  tally  sheets. 

4938.  Return    of    registers    and    completion    of 

work. 

4939.  Discrepancy  between  returns  to  clerk  and 

those  received  by  board. 
Registration  of  women. 


4940. 


SPECIAL    ELECTIONS. 


4941.  Special  elections. 

REGISTRATION    EXPENSES. 

4942.  Compensation  of  deputy  state  supervisors 

and  clerks  in   cities. 

4943.  Maximum   compensation   of   deputy   state 

supervisors   and   clerk,sr. 

4944.  Compensation   of  judges   and  clerks. 
494.5.     Expenses    other    than    registration    must 

be  paid  by  county. 

4946.  Registration   expenses ;   how   paid. 

REGISTRATION    UPON    ACTION    OP 
COUNCIL. 

4947.  Council  of  other  cities  and  villages  may 

provide  for  registration. 


Registration  in 
cities  having  a 
population  of 
eleven  thousand 
eight  hundred 
or  more. 


Section  4870. .  In  cities  w^hich  at  the  last  preceding 
federal  census  had,  or  which  at  any  subsequent  federal  cen- 
sus may  have,  a  population  of  eleven  thousand  eight  hun- 
dred or  more,  there  shall  be  a  general  registration  of  elec- 
tors in  the  several  wards  or  precincts  thereof  in  the  man- 
ner, at  the  times  and  on  the  days  hereinafter  provided.  No 
person  shall  have  acquired  a  legal  residence  in  a  ward  or 
election  precinct  in  any  such  city  for  the  purpose  of  vot- 
ing therein  at  any  general  or  special  election,  nor  shall  he 

(SS) 


Chap.  5 


REGISTRATION  OP  BLBCTOBS. 


59 


be  admitted  to  vote  at  any  election  therein  unless  he  shall 
have  caused  himself  to  be  registered  as  an  elector  in  such 
ward  or  precinct  in  the  manner  and  at  the  time  required  by 
the  provisions  of  this  chapter.     (R.  S.  Sec.  2926a.) 

Note  :— See  Daegett  v.  Hudson,  43  O.  S.  548. 

An  elector  who  reBistera  prior  to  the  November  election  In  the  precinct  where 
he  then  resides,  is  a  registered  elector  in  any  new  or  altered  precinct  which  the 
board  of  elections  may  establish,  and  within  the  boundaries  of  which  his  resl- 
flence  falls. 

Columbus  V    City  Board  of  Elections,  13  0.  D.  452. 


Section  4871.  In  citius  which  now  or  hereafter  may 
liave  a  population  of  one  hundred  thousand  or  more  when 
ascertained  in  the  manner  provided  in  the  preceding  section, 
there  shall  be  an  annual  general  registration  of  all  the  elec- 
tors therein  in  the  several  wards  and  precincts  thereof  on 
the  days  and  in  the  manner  hereinafter  provided,  (R.  S. 
Sec.  2926h.) 

Section  4872.  In  cities  which  now  cr  hereafter  may 
have  a  population  of  eleven  thousand  eight  hundred  and 
less  than  one  hundred  thousand,  when  so  ascertained,  a 
general  registration  of  all  the  electors  therein  shall  only  be 
had  quadrennially  at  each  and  every  presidential  election, 
at  the  time  and  upon  the  days  hereinafter  specified.  At  all 
other  state  or  public  elections  those  electors  only  of  such 
cities  shall  be  required  to  register  as  may  be  new  electors 
or  who  have  moved  into  any  precinct  of  such  city  since  such 
general  registration.     (R.  S.  Sec.  2926h.) 

Section  4873.  In  counties  containing  a  registration 
city,  the  board  of  deputy  state  supervisors  shall  have  a  suf- 
ficient and  suitable  office  and  rooms  in  such  city  for  the 
purposes  required  by  this  chapter,  which  shall  be  in  charge 
of  the  clerk  thereof.  In  cities  in  which  annual  general  reg- 
istration is  required,  such  office  shall  be  kept  open  daily, 
except  Sundays  and  legal  holidays  and  in  quadrennial  gen- 
eral registration  cities  such  office  shall  be  kept  open  at  such 
times  as  the  board  may  require.     (R.  S.  Sec.  2926b.) 


Annual  general 

registration 

cities. 


Quadrennial 
general  regis- 
tration cities. 


Office  of  board 
of  deputy  state 
supervisors. 


Note  : — In  a  registration  city,  llie  deputy  state  supervisors  must  designate 
the  polling  places  within  such  registration  city.    See  section  4844. 


Section  4874.  The  board  of  deputy  state  supervisors  General  powers 
shall  appoint  all  registrars  of  electors,  judges  and  clerks  of  the  board.* 
election,  and  other  clerks,  officers,  and  agents  herein  pro- 
vided for,  and  designate  the  ward  and  precinct  in  which 
each  shall  serve.  It  shall  appoint  the  places  of  registration 
of  electors  and  holding  elections  in  each  ward  or  precinct, 
provide  suitable  booths  or  hire  suitable  rooms  for  such  pur- 
pose, and  for  its  office,  at  such  rents  as  it  deems  just,  and 
provide  the  necessary  and  proper  furniture  and  supplies  for 
such  rooms.  It  shall  provide  for  the  purchase,  preservation 
and  repair  of  booths  and  ballot  boxes  necessary  for  use  at 
elections  in  such  city,  of  books,  blanks  and  forms  necessary 
for  the  registrations  and  elections  herein  designated  and  for 
duly  issuing  all  notices,  advertisements  or  publications  re- 
quired by  law.     (R.  S.  Sec.  2926e.) 


60 


REGISTRATION  OP  ELECTOBS. 


Gh&p.  5 


Rules  aad 
regulations. 


Duties  of  th0 
clerk. 


Employm«il  iff 
deputy  dark  and 
assistants;  com- 
pensation. 


Election 
precincts. 


Appointment 
of    registrars, 
judges  and 
clerks. 


Section  4875.  From  time  to  time  the  board  of  deputy 
state  supervisors  may  make  and  issue  such  rules,  regu- 
lations, and  instructions  not  inconsistent  with  law  as  it 
deems  necessary  for  governing  and  guiding  the  clerk,  his 
deputies  and  assistants  and  the  registrars  of  electors,  judges 
and  clerks  of  elections  or  other  persons  under  the  control 
of  the  board  in  the  proper  discharge  of  their  respective 
offices  and  duties.  No  order,  resolution  or  action  of  the 
board  shall  be  valid  without  the  vote  of  three  of  the  four 
members.     (R.  S.  Sec.  2926c.) 

Section  4876.  Subject  to  the  control  of  the  board,  the 
clerk  shall  keep  a  full  and  true  record  of  the  proceedings 
of  the  board,  file  and  preserve  in  its  office  all  orders,  rules 
and  regulations  pertaining  to  the  administration  of  registra- 
tion and  elections,  prepare  and  furnish,  under  the  orders 
of  the  board,  the  registers,  lists,  books,  maps,  forms,  oaths, 
certificates,  instructions  and  blanks,  for  the  use  and  guid- 
ance of  registrars,  judges  and  clerks  of  elections  and  the 
board  of  canvassers ;  provide  for  timely  furnishing  of  such 
officers  therewith,  and  with  the  necessary  supplies  provided 
for  them ;  to  receive  and  keep  close  custody  of  the  registers 
and  copies  returned  to  such  office,  as  herein  provided,  of 
records,  papers  and  certificates  of  every  kind,  relating  to 
the  office  or  administration  of  the  board.  He  shall  have 
the  care  of  the  ballot  boxes  while  deposited  at  the  office  of 
the  board,  and  perform  such  other  or  further  duties  per- 
taining to  such  office  and  affairs  as  are  prescribed  by  the 
board.     (R.  S.  Sec.  2926b.) 

Section  4877.  When  necessary,  the  board  may  employ 
a  deputy  clerk ;  also  one  or  more  assistant  clerks  at  a  salary 
of  not  to  exceed  the  rate  of  one  hundred  dollars  and  in  all 
counties  having  cities  where  registration  is  required,  not 
exceeding  one  hundred  and  fifty  dollars  per  month  each 
and  prescribe  their  duties.  The  period  for  which  they  are 
so  employed  must  always  be  fixed  in  the  order  authorizing 
their  employment,  but  they  may  be  discharged  sooner  at 
the  pleasure  of  the  board.  Such  deputy  clerk  and  assistants 
shall  take  the  same  oath  for  the  faithful  performance  of 
their  duties  as  required  of  the  clerk  of  the  board.  The  com- 
pensation of  the  deputy  clerk  and  his  assistant  clerks  shall 
be  equally  divided  between  the  city  and  county.  (107  0. 
L.  690.) 

Section  4878.  The  board  of  deputy  state  supervisors 
shall  divide,  define  and  proclaim  the  election  precincts  of 
such  city  and  fix  the  boundaries  thereof  in  the  manner  pro- 
vided by  law,  and  provide  for  furnishing  to  each  registrar 
of  electors  and  judges  of  elections  a  map  and  pertinent  de- 
scription of  such  divisions  and  boundaries  and  of  changes 
which,  from  time  to  time,  are  made  by  them.  (R.  S.  Sec. 
2926c.) 

Section  4879.  On  or  before  the  first  day  of  September 
each  year,  the  board  of  deputy  state  supervisors  shall  ap- 
point for  each  election  precinct  in  such  city  two  electors  of 
the  city  to  act  as  registrars  of  the  electors  and  also  as  judges 


Chap.  5 


REGISTRATION  OF  ELECTORS. 


ai 


of  election  in  such  precinct.  On  or  before  the  first  day 
of  October  each  year,  the  board  shall  appoint  two  additional 
judges  of  elections  and  two  clerks  of  elections  for  each  pre- 
cinct of  such  city.     (R.  S.  Sec.  2926c.) 

Note  : — This  section  does  not  authorize  the  employment  of  mor«  than  two 
clsrks  of  election  in  each  votine  booth.     Atty.  Gen.  10-25-1909. 

Section  4880.  Neither  the  two  registrars  of  a  precinct  Equal  represen- 
nor  the  two  clerks  of  elections  thereof  shall  be  of  the  same  {fcii"  p°artilw"* 
political  party,  nor  shall  more  than  two  of  the  four  judges 
of  elections  for  any  precinct  be  of  the  same  political  party. 
Appointments  of  such  officers  for  each  precinct  shall  be 
made  so  as  in  good  faith  to  secure  equal  representation  of 
political  parties  if  practicable.     (R.  S.  Sec.  2926e.) 

Section  4881.     Each  person  selected  by  the  board  of  Appearanc*  for 
deputy  state  supervisors  for  any  of  such  appointments  shall  "a^n^nation. 
appear  before  the  board  at  its  office  after  twenty-four  hours ' 
notice,  either  served  personally  or  left  at  his  usual  place  of 
residence,  for  examination  as  to  his  qualifications  for  being 
appointed.     (R.  S.  Sec.  2926e.) 

Section  4882.     Each  such  registrar,  judge  and  clerk  Quaiiflcations 
of  elections  shall  hold  his  appointment  for  one  year,  unless  fslrarj^^ud/elf 
sooner  removed  by  the  board,  and  must  be  an  elector  of  •''"<*  clerks, 
such  city,  able  to  read  and  speak  the  English  language 
understandingly  and  write  it  readily  and  fairly,  and  shall 
take  an  oath  of  office  as  follows : 
State  of  Ohio, county,  ss. 

I  do  solemnly  swear  that  I  will  support  the  constitution 
of  the  United  States  and  the  State  of  Ohio  and  to  the 
best  of  my  ability  discharge  the  duties  of  judge  (registrar 

or  clerk)  of  the  election  in  and  for  precinct 

ward,  city  of ,  at  the  next  ensuing  election. 

Signed  

Sworn  to  and  subscribed  before  me  this day  of 

,  in  the  year  .... 

(Title  of  officer.) 
Such  oath  may  be  administered  by  the  clerk  or  any  member 
of  the  board,  and  shall  be  filed  in  the  office  of  the  board. 
(R.  S.  Sec.  2926e.) 

Section  4883.  A  vacancy  in  the  office  of  registrar  or  vacancies  and 
of  judge  or  clerk  of  elections  shall  be  filled  by  the  board  remoyais. 
of  deputy  state  supervisors.  Any  of  such  officers  may  be 
summarily  removed  from  office  by  the  board  at  any  time 
for  neglect  of  duty,  malfeasance  or  misconduct  therein. 
In  all  cases  the  last  appointment  to  either  of  such  offices 
for  any  precinct  shall  be  recognized  as  valid.  'Immediately 
upon  such  removal  and  the  filling  of  such  vacancy,  a  brief 
note  of  the  proceedings  shall  be  entered  in  the  poll  books 
and  subscribed  by  the  judges  so  acting,  which  entry  shall 
specially  state  the  cause  of  such  removal.  (R.  S.  See. 
2926e.)' 

Section  4884.     If  a  judge  of  elections  fails  to  attend   substituted 
at  the  opening  of  the  polls  on  tlie  day  of  election  for  any   ^^erkl  ""*^ 


62 


REGISTRATION  OF  ELECTORS. 


Chap.  § 


Notice  of  ap- 
pointment of 
substitute. 


Certificate  of 
appointment  as 
registrar,  judge 
or  clerk. 


Powers   and 
duties  of  regis- 
trars,   judges 
and  peace 
officers. 


cause,  or,  by  the  decision  of  the  other  three  judges,  becomes 
disabled  or  unfit  to  act  in  receiving  and  enumerating  the 
ballots  and  certifying  the  result  of  the  election,  the  other 
judge  of  the  same  political  party  shall  at  once  appoint  an- 
other competent  elector  of  such  city  to  act  in  his  place, 
and  shall  administer  to  him  the  oath  of  office  herein  pre- 
scribed. If  a  clerk  of  elections  fails  to  attend  at  the 
opening  of  the  polls  on  the  day  of  election,  or,  during  the 
election,  by  any  cause  becomes  disabled  or  unfit  to  act  in 
entering,  enumerating  or  certifying  the  ballots,  the  judges 
of  the  election,  or  a  majority  of  them,  may  summarily 
remove  him,  and  the  two  judges  of  the  same  political  party 
as  such  clerk  shall  forthwith  appoint  another  competent 
elector  of  such  city  to  act  in  his  place,  and  shall  administer 
to  him  the  oath  of  office  herein  prescribed.  (R.  S.  Sec. 
2926e.) 

Section  4885.  Notice  of  such  appointment  of  judge 
or  clerk  of  election  shall  be  immediately  sent  by  the  judge 
or  judges  making  such  appointment  to  the  board  of  deputy 
state  supervisors,  and  the  person  so  appointed  shall  not 
perform  any  of  the  duties  of  his  office  until  such  notice 
has  been  sent  to  the  board.  The  person  so  appointed  to 
act  temporarily  as  judge  or  clerk  shall  perform  the  duties 
of  the  office  after  the  sending  of  such  notice  until  the 
board  shall  confirm  the  appointment  or  appoint  another 
person  to  such  office.     (R.  S.  Sec.^2926e.) 

Section  4886.  The  person  appointed  by  the  board  of 
deputy  state  supervisors  as  registrar,  jud^jje  or  clerk  of 
elections  shall  receive  from  the  board  a  certificate  of  ap- 
pointment, which  may  be  revoked  at  any  time  by  the  board. 
Such  certificates  shall  be  in  such  form  as  the  board  pre- 
scribes and  shall  specify  the  precinct  and  ward  of  the  city 
in  and  for  which  the  person  to  whom  it  is  issued  is  ap- 
pointed to  serve,  the  date  of  appointment  and  the  expiration 
of  his  term  of  office.  During  the  time  they  hold  such  cer- 
tificates of  appointment  as  such  officers,  registrars,  judges 
and  clerks  of  elections  shall  be  exempt  from  the  perform- 
ance of  military  and  jury  duty.     (R.  S.  Sec.  2926e.) 

Section  4887.  "While  exercising  office  under  this  or 
any  other  law  regulating  elections  all  registrars  of  electors 
and  judges  of  elections  shall  enforce  the  peace  and  good 
order  and  obedience  to  their  lawful  commands  for  such 
ends  at  and  about  the  place  of  registration  and  holding 
elections.  They  shall  especially  keep  the  place  of  access 
of  the  electors  to  the  polls  open  and  unobstructed,  prevent 
and  suppress  riot,  violence,  tumult  and  disorder  and  any 
and  all  improper  practices  or  attempts  tending  to  obstruct 
or  intimidate  electors  from  a  free  exercise  of  their  right 
to  vote  or  tending  to  disturb  or  interfere  with  the  free  and 
peaceful  registration  of  electors,  or  the  counting  of  the  vote 
or  the  certifying  of  the  result  of  an  election.  They  shall 
protect  the  clerks  of  an  election  and  the  witnesses  and  chal- 
lengers designated  to  attend  an  election,  as  herein  provided, 


Chap.    5  REGISTRATION  OP  ELECTORS.  63 

from  any  violence,  interference  or  molestation  during  the 
receiving  and  enumeration  of  ballots.  At  all  hazards,  they 
shall  preserve  and  secure  the  registers,  poll  books,  ballot 
boxes  and  ballots  at  every  election  from  violence,  fraud  or 
tampering.     (R.  S.  Sec.  2926f.)  _ 

^  Section  4888.  To  enforce  the  provisions  of  the  pre-  ^^^^ «'  city 
ceding  section,  the  officer  or  authority  having  command  of 
the  police  force  of  such  city,  on  the  requisition  of  the  board 
of  deputy  state  supervisors,  shall  promptly  detail  for  service 
at  the  polling  places  in  any  precinct  of  such  city  such  force 
as  the  board  may  deem  necessary.  On  every  day  of  election 
such  officer  or  authority  shall  have  a  special  force  in  readi- 
ness for  any  emergency.     (R.  S.  Sec.  2926f.) 

Section  4889.  During  the  receiving  and  counting  of  poifg^^"^  gjjf 
the  ballots  or  registering  of  electors,  no  person  or  persons  dering  electors, 
shall  loiter  or  congregate  within  one  hundred  feet  of  the 
polling  place  of  any  election,  or  place  of  registration  of 
electors,  or  in  any  manner  hinder  or  delay  any  elector  in 
reaching  or  leaving  the  place  fixed  for  registration  or  cast- 
ing his  ballot,  or  within  such  distance  of  one  hundred  feet 
give,  tender  or  exhibit  any  ballot  or  ticket  to  any  person 
other  than  a  judge  of  elections,  or  exhibit  any  ticket  or 
ballot  which  he  intends  to  cast,  or  solicit  or  in  any  manner 
attempt  to  influence  any  elector  in  casting  his  vote.  (R.  S. 
Sec.  2926f.) 

Section  4890.  In  the  discharge  of  their  duties,  the  cS?f?ssTslancV. 
judges  of  elections,  if  necessary,  may  appoint  and  require 
any  elector  or  electors  to  aid  them  in  making  known  their 
orders  or  directions  and  in  enforcing  the  peace.  Such 
judges,  or  any  of  them,  or  any  registrar,  may  order  the 
arrest  of  a  person  violating  these  sections,  but  such  arrest 
shall  not  prevent  such  person  from  voting  or  registering  if 
he  is  entitled  so  to  do.  The  sheriff,  all  constables,  police- 
men and  officers  of  the  peace,  and  all  bystanders  at  any  elec- 
tion shall  immediately  obey  and  aid  in  enforcing  any  and 
every  lawful  order  made  by  the  judges  in  execution  of  the 
provisions  of  the  preceding  sections.     (R.  S.  Sec.  2926f.) 

Section  4891.  In  quadrennial  general  registration  an^^rei^giw' 
cities,  on  or  before  the  first  day  of  September  of  each  year,  of  electors, 
except  each  fourth  year  when  general  registration  is  re- 
quired, the  clerk,  under  the  direction  of  the  board  of  deputy 
state  supervisors,  shall  prepare  and  furnish  to  the  registrars 
for  each  precinct  in  such  city  duplicate  lists  of  all  electors 
so  registered  in  such  precincts  at  the  last  general  registra- 
tion, together  with  such  new  and  additional  ones  as  may 
have  registered  at  any  election  subsequent  to  such  general 
registration  with  sufficient  blank  space  for  new  electors  to 
be  registered  therein.  In  annual  general  registration  cities, 
on  or  before  the  first  day  of  September  of  each  year,  the 
board  shall  procure  and  have  at  its  office  duplicate  books 
for  each  election  precinct  in  such  city  for  the  registration  of 
electors  therein,  which  shall  be  styled  and  known  as  "regis- 
ters of  electors."     (R.  S.  Sec.  2926g.) 


64 


REGISTRATION  OP  ELECTORS. 


Chap.  5 


Form  ef  regisUr 
©f  e!€«tbrs. 


Dutiee  of 
r«firietrarw. 


l^efi^stratioB 
tfays  8p«clfled. 


When  clerk  may 
act  as  register- 
inc  officer. 


AffidaTit  in  case 
of  unavoidable 
absence. 


Affidavit  of 
elector  In  foreign 
country. 


Section  4892.  Each  such  register  of  electors  shall 
contain  space  and  ruled  lines  for  at  least  seven  hundred 
names,  and  be  arranged  and  ruled  in  parallel  columns  with 
printed  heading  in  the  following  order:  Number  (consecu- 
tively), full  name,  age,  present  place  of  residence,  place  of 
residence  at  last  registration,  occupation,  term  of  residence, 
nativity,  when  naturalized,  court,  married  or  single,  per- 
sonal description,  date  of  registration,  sworn,  signature,  re- 
marks. The  ruling  and  headings  of  each  page  of  the  reg- 
ister shall  be  according  to  the  following  diagram  enlarged. 
(102  V.  181.) 

Section  4893.  On  Wednesday  in  the  fifth  week  be- 
fore ':ie  November  election,  each  year,  the  registrars  of 
each  precinct  in  such  city,  shall  apply  for  such  lists  and 
such  registers  and  the  map  of  their  precinct,  and  such 
printed  instruction  for  the  discharge  of  their  duties  as 
the  board  of  deputy  state  supervisors  may  lawfully  pre- 
scribe.    (R.  S.  Sec.  2926g.) 

Section  4894.  The  days  for  the  general  registration 
of  electors  in  cities  wherein  annual  general  registration  is 
required  and  for  the  quadrennial  general  registration  and 
yearly  registration  of  new  electors  in  cities  where  general 
registration  is  required  only  in  presidential  years,  shall  be 
Thursday  in  the  fifth  week,  Thursday  in  the  fourth  week 
and  Friday  and  Saturday  in  the  third  week  next  before  the 
day  of  the  general  election  in  November  in  each  year. 
(R.  S.  Sec.  2926h.) 

Section  4895.  Between  the  first  day  of  September  and 
the  day  preceding  the  first  of  the  days  prescribed  for  the 
general  registration,  and  no  longer,  the  clerk  of  the  board 
of  deputy  state  supervisors  shall  act  as  registering  officer  in 
the  case  onlv  described  in  the  following  two  sections.  (R.  S. 
Sec.  2926h.j 

Section  4896.  Any  person  resident  of  such  city  who 
will  be  lawfully  entitled  to  vote  therein  at  the  next  succeed- 
ing November  election  may  go  before  such  clerk  at  the 
office  of  the  board,  and,  on  making  and  subscribing  an 
oath  before  him  that  he  will  necessarily  and  unavoidably 
be  absent  from  such  city  on  all  the  days  appointed  or 
allowed  by  law  for  the  general  registration  of  electors  by 
the  registrars  of  the  precinct  in  which  he  resides,  specifying 
them,  and  more  than  fifty  miles  distant  therefrom,  the 
clerk,  if  satisfied,  shall  thereupon  file  such  affidavit  and 
make  registration  of  such  person  in  the  registers  of  such 
precinct,  on  compliance  of  such  applicant  with  the  require- 
ments of  law  for  general  registration  and  his  signature  to 
the  statement  prescribed,  and  no  further  registry  of  such 
applicant  shall  be  necessary.     (R.  S.  Sec.  2926h.) 

Section  4897.  An  elector  of  such  city  who  is  absent 
therefrom  and  without  the  county  in  which  it  is  situated 
and  more  than  fifty  miles  distant  from  such  city,  may 
appear  before  a  judge  or  clerk  of  any  court  of  record  or 
notary  public,  or,  if  in  a  foreign  country,  before  any  min- 
ister,   eoBsul,   or   vice   consul   of  the  United    States,   a  ad 


Chap.   5  REGISTRATION  OF  ELECTORS.  66 

make  and  subscribe  an  affidavit  as  to  his  residence,  speci- 
fying in  what  ward  and  precinct  he  resides,  and  that  he 
will  be  necessarily  and  unavoidably  absent  from  such  city 
on  all  the  days  allowed  or  appointed  by  law  for  the  general 
registration  of  electors  in  such  precinct,  and  answering 
and  setting  forth  accurately  each  and  all  matters  herein 
required  to  be  set  forth  in  the  register  of  electors,  and 
forward  such  affidavit  duly  authenticated  by  mail,  under  an 
envelope  addressed  to  the  "Clerk  of. the  board  of  deputy 
state  supervisors"  of  said  city.  If  received  by  such  clerk 
between  the  days  so  appointed  for  his  acting  as  such  regis- 
trar, it  shall  entitle  such  applicant  to  be  entered  by  the 
clerk  in  the  proper  register  of  such  precinct.  In  place  of 
the  signature  of  such  elector,  the  word  ''affidavit"  shall  be 
inserted,  and  no  further  registry  of  such  applicant  shall  be 
necessary.  Such  affidavit  and  envelope  shall  be  filed  and 
preserved  in  the  office  of  the  board.  No  such  affidavit 
shall  be  allowed  by  the  clerk  unless  the  officer  before  whom 
it  is  made  shall  certify  that  the  affiant  is  personally  known 
to  him  to  be  the  person  he  represents  himself  to  be  or 
proven  so  to  be  by  a  credible  person  known  to  him  whose 
name  and  full  address  must  be  stated  in  such  certificate. 
(R.  S.  Sec.  2926h.) 

Section  4898.  Any  such  affidavit  of  an  absent  elector,  Entry  of 
received  by  the  clerk,  on  or  after  the  first  day  herein  ap-  caM*?fSJ»Ti* 
pointed  for  general  registration  by  the  registrars,  shall  be 
transmitted  by  him  immediately  to  the  registrars  of  the 
proper  precinct,  and  they  may  register  the  applicant  as 
herein  directed  and  shall  preserve  such  affidavit.  When 
application  for  registration  is  thus  made  by  affidavits  for- 
warded by  mail,  if  the  clerk  or  registrars,  as  the  case  may 
be,  are  not  satisfied  that  such  applicant  is  a  resident  of  the 
precinct  so  specified,  or  that  he  will  be  entitled  to  vote  on 
the  day  of  the  next  election,  the  word  ''challenged"  shall 
be  entered  in  the  registry  opposite  his  name  and  in  the 
column  for  "remarks,"  and  such  affidavit  and  envelope 
shall  be  transmitted  to  the  judges  of  election.  If  he  ap- 
pears, such  applicant  shall  be  required  to  establish  his 
residence  and  qualifications  before  voting.  (R.  S.  Sec. 
2926h.) 

Section  4899.  On  the  day  preceding  the  first  of  the  ^lo^  ^f  „gig. 
days  herein  appointed  for  the  general  registration,  the  tration  bj  clerk, 
clerk  of  the  board  of  deputy  state  supervisors  shall  close 
such  registration  in  each  register  in  which  he  has  so  entered 
any  registration  of  electors,  by  drawing  double  lines  across 
the  page  with  ink  immediately  below  the  last  name  reg- 
istered by  him,  and  add  the  words,  "Close  of  registration 
by  the  clerk,"  and  shall  thereunto  subscribe  his  name  and 
office.     (R.  S.  Sec.  2926h.) 

Section  4900.     In  cities  in  which  a  general  registration  ReEistration  of 
of  electors  is  required  at  presidential  elections  only,  at  all  Jurarfinnu^reg- 
other  state  or  other  public  elections,  those  electors  who  have  istration  citJee. 
been  duly  registered  at  such  general  registration  and  have 
not  removed  from  the  precinct  in  which  they  then  regis- 


REGISTRATION  OF  ELECTORS. 


Chap.  5 


Duties  of 
registrars. 


Board  of  reg- 
istration of  nat- 
uralized voters. 


Hours  for  regis- 
tration specified. 


tered  at  such  general  registration  in  such  city  shall  not  be 
required  to  register.  But  at  such  state  or  other  public  elec- 
tions, at  the  times  hereinbefore  provided  for  registration 
days,  only  those  electors  of  such  city  shall  be  required  to 
register  as  may  be  new  electors  or  who  have  moved  into 
a  precinct  of  such  city  since  a  general  registration  and 
have  not  been  registered  therein,  except  that  at  such  public 
election,  other  than  presidential  and  state,  such  registration 
shall  take  place  on  Friday  and  Saturday  in  the  third  w^eek 
before  any  such  election.  If  an  elector  removes  from  the 
precinct  in  which  he  has  so  registered  into  another  precinct 
of  the  city  in  which  he  resides,  he  shall  apply  in  person 
to  the  registrars  of  the  precinct  in  which  he  has  so  regis- 
tered for  a  ''removal  certificate,"  as  herein  provided  in 
other  cases.     (R.  S.  Sec.  2926h.) 

Section  4901.  Within  a  sufficient  time  previous  to 
such  state  or  other  public  election,  the  registrars  of  each 
precinct  in  such  city  shall  obtain  the  preceding  register 
made  by  them  from  the  board  of  deputy  state  supervisors, 
and  attend  at  the  place  in  such  precinct  appointed  for  the 
registration  of  electors  at  the  time  hereinbefore  provided, 
and  receive  applications  for  registration  by  such  qualified 
electors  residing  therein  as  are  not  already  registered  at  the 
last  preceding  general  registration.  Such  registrars  shall 
take  all  such  preceding  registers  of  their  respective  pre- 
cincts, so  required  to  be  furnished  them,  as  hereinbefore 
provided,  make  a  thorough  canvass  thereof  for  the  pur- 
pose of  ascertaining  whether  any  of  the  electors  so  regis- 
tered have  removed  or  died  and  make  a  report  of  their 
proceedings  carefully  noting  anj^  and  all  changes  found, 
together  with  such  additional  names  of  the  electors  regis- 
tered by  them  to  the  board  of  deputy  state  supervisors. 
(R.  S.  Sec.  2926h.) 

Section  4902.  In  each  county  containing  an  annual 
general  registration  city,  the  board  of  deputy  state  super- 
visors shall  act  as  a  board  of  registration  of  naturalized 
voters  in  such  city.  It  shall  receive  and  record  any  cer- 
tificate of  naturalization  offered  to  it  by  a  naturalized 
citizen  in  person  who  is  then  an  elector  of  such  city  and 
requests  that  such  certificate  be  put  on  record  by  the  board, 
and  states  under  oath  or  affirmation  his  age,  his  place  or 
places  of  residence  during  the  five  years  preceding  such 
statement  and  the  length  of  time  he  has  resided  in  each 
such  place.  Thereupon  the  board,  by  its  clerk  or  deputy 
clerk,  shall  place  such  certificate  of  naturalization  on  rec- 
ord together  with  a  record  of  the  statements  of  the  appli- 
cant, and  they  shall  be  matters  of  public  record.  Such 
registration  of  certificate  of  naturalization  may  be  made 
on  any  day  and  at  any  time  during  which  the  office  of  the 
board  is  open  for  the  transaction  of  ordinary  business, 
except,  on  election  days  and  days  for  the  general  registra- 
tion of  electors.     (R.  S.  Sec.  2926h.) 

Section  4903.  On  each  of  the  days  appointed  for  the 
general  registration  of  electors,  the  registrars  of  electors 


Chap.  5 


REGISTRATION  OF  ELECTORS. 


67 


shall  meet  at  the  place  in  each  precinct  provided  by  the 
board  of  deputy  state  supervisors  for  that  purpose,  and 
there  remain  in  session  from  the  liour  of  eight  o'clock 
forenoon  until  the  hour  of  two  o'clock  afternoon,  and 
from  four  o'clock  afternoon  until  nine  o'clock  afternoon 
of  each  day  of  the  days  so  appointed  for  the  purpose  of 
registering  the  electors  lawfully  resident  in  such  precinct. 
No  person  shall  be  registered  as  an  elector  of  such  city  at 
any  time  or  place  other  than  those  designated  in  this  chap- 
ter. In  making  registration,  each  applicant  shall  answer 
the  inquiries  made  by  the  registrars.     (R.  S.  Sec.  2926i.) 

Section  4904.  Having  openly  and  publicly  met  at  oath  to  dui- 
the  place  and  time  herein  appointed,  the  registrars  shall  ^^^^^^  elector, 
receive  the  applications  for  registration  of  all  such  persons 
resident  in  such  precinct  as  then  are  or  on  the  day  of 
election  which  will  next  follow  such  application  will  be, 
entitled  to  vote  therein  and*  who  shall  personally  come 
before  them,  and  such  only.  The  registrars  may,  and, 
if  the  right  of  the  applicant  to  be  registered  is  challenged 
by  any  elector,  shall  administer  the  following  oath:  ''You 
do  solemnly  swear  that  you  will  truly  and  fully  answer  all 
such  questions  as  may  be  put  to  you,  touching  your  place 
of  residence,  name,  age,  place  of  birth,  qualifications  as  an 
elector  and  your  right  as  such  to  be  registered  and  vote 
under  the  laws  of  the  state."     (R.  S.  Sec.  29261.) 

Section  4905.  The  registrars  shall  then  examine  each  Questions  to  be 
applicant  as  to  his  residence  and  qualifications  as  an  elector,  JSpucInl  ^^ 
and,  if  not  satisfied,  or  if  any  electors  so  demand,  they 
shall  enter  the  word  "challenged"  under  the  column  for 
"remarks."  Unless  otherwise  herein  directed,  they  shall 
then  in  the  presence  of  the  applicant  enter  in  the  registers 
his  answers  to  their  questions,  pertinent  to  the  heading 
of  each  column,  in  their  order.     (R.  S.  Sec.  2926i.) 

Section  4906.  In  entering  his  "number,"  such  num-  jj^^  entries 
ber  shall  be  filled  up  consecutively,  leaving  no  blank.  In  shaii  be  made, 
"name"  they  shall  include  his  Christian  name  or  names  in 
full,  as  well  as  his  surname.  In  the  column  as  to  present 
place  of  residence,  shall  be  stated  the  name  of  the  street, 
avenue,  alley  or  way  in  which  his  dwelling  is  located  or 
access  thereto  is  usually  had,  and  the  number  of  the  house, 
if  it  has  one.  If  it  has  no  number,"'  a  definite  description  by 
which  it  can  easily  be  found  must  in  every  case  be  given 
and  entered.  If  there  are  more  houses  than  the  one  under 
the  number  so  given,  or  if  there  are  other  families,  tenants 
or  lodgers  in  that  in  which  the  applicant  resides,  he  must 
specify  in  which  house  and  on  which  floor  and  whether 
front  or  rear,  of  such  house  he  resides,  and  the  number  and 
location  of  his  tenement. 

In  the  column  as  to  "place  of  residence  at  last  registra- 
tion" shall  be  stated  his  then  postoffice  address,  with  street 
number,  if  any,  and,  if  his  residence  was  the  same,  the 
words  "same  residence"  shall  be  entered. 

In  the  column  as  to  ' '  age, ' '  the  years  and  months  must 
be  stated,  and,  if  the  applicant  is  not  at  the  time  twenty-one 


ts 


REGISTRATION  OF  ELECTORS. 


@h&p.  i 


When  certificate 
of  naturalization 
may  not  be 
produced. 


Signatures  of 
applicant. 


years  of  age  or  more,  the  words  ' '  not  of  age ' '  must  be  in- 
serted in  the  column  of  ' '  remarks. ' ' 

In  the  column  as  to  ' '  occupation ' '  and  the  name  of  his 
employer,  if  he  has  one,  must  be  stated. 

In  the  column  as  to  ' '  term  of  residence, ' '  the  periods  of 
years  and  months  of  his  residence  in  the  precinct  and  state 
must  both  be  stated. 

In  the  column  as  to  '^ nativity,"  the  name  of  the  state 
or  foreign  country  must  be  given. 

In  the  column  as  to  "naturalized,"  the  answer  "yes" 
or  "no"  or  "native"  must  be  given  and  stated.  If  natur- 
alized, the  proper  certificate  or  evidence  must  be  produced 
unless  such  certificate  has  been  filed  with  the  board  of 
deputy  state  supervisors,  as  herein  provided. 

In  the  column  as  to  "married  or  single,"  if  the  head 
of  a  family,  it  must  be  so  stated. 

Nothing  shall  be  entered  in  the  column  as  to  "  personal 
description"  until  the  applicant  has  signed  the  register,  and 
then  lines  shall  be  drawn  unless  the  applicant  has  been 
challenged,  or  signs  by  mark,  in  either  of  which  events,  the 
color  of  his  hair,  the  color  of  his  eyes,  apparent  height,  ap- 
parent weight  and  other  means  of  identifying  him,  such  as 
the  loss  of  a  member,  whether  smooth-shaven  or  otherwise, 
and  description  of  birthmarks  or  scars,  if  any,  shall  be 
stated. 

The  column  as  to  "  date  of  registration ' '  must  be  filled 
with  the  date  on  which  the  applicant  actually  registered, 
and  none  other.     (102  v.  182.) 

Section  4907.  If  the  applicant  for  registration  de- 
clares that  the  certificate  of  naturalization,  upon  which  he 
claims  the  right  to  vote,  has  been  filed  for  record  with  the 
board  of  deputy  state  supervisors  having  charge  of  such 
registration,  as  herein  provided,  he  shall  not  be  required 
to  produce  such  certificate  of  naturalization  or  other  evi- 
dence thereof,  but  the  registrars  may  require  such  declara- 
tion to  be  made  upon  oath  or  affirmation,  and  the  word 
"registration"  shall  be  noted  opposite  his  name  in  the 
column  under  the  heading  of  "remarks."  (R.  S.  Sec. 
29261.) 

Section  4908.  After  the  answer  of  the  applicant  to 
the  question  under  the  head  of  each  column,  except  the 
questions  as  to  "personal  description"  has  been  properly 
entered  by  the  registrars,  in  his  presence,  and  not  until 
then,  he  must  enter  his  signature  on  the  same  line  and  in 
both  of  the  registers  in  the  column  "signatures."  An  ap- 
plicant who  signs  by  mark  shall  make  an  affidavit  on  a 
blank  prepared  for  that  purpose,  that  he  cannot  sign  his 
name,  which  affidavit  shall  be  delivered  to  the  office  of  the 
board  of  deputy  state  supervisors,  with  the  registers,  and 
there  preserved,  and  the  signature  of  an  applicant  who 
signs  by  mark  must  also  be  attested  by  at  least  one  subscrib- 
ing witness,  who  shall  be  an  elector  and  may  be  examined 
under  oath  by  the  registrars  as  to  his  knowledge  of  the  per- 


Chap.  5 


REGISTRATION  OF  ILECTORS. 


•• 


son  thus  attested,  and  in  such  case  noted  by  the  registrars 
on  tlie  registers  as  * '  sworn  "  or  "  affirmed, '  ^  as  the  case  may 

be.     (102  V.  182.) 

Section  4909.  Each  of  the  registrars  shall  enter  the 
statement  of  the  applicant  in  the  duplicate  register  kept 
by  him,  and  both  shall  be  signed  by  the  applicant.  At  the 
close  of  each  day 's  registration,  the  registrars  shall  compare 
their  registers  with  each  other  and  correct  any  discrepancy 
in  form  before  closing  them  for  the  day.  The  registrations 
for  the  day  shall  then  be  ruled  off  by  double  lines,  to  be 
drawn  by  the  registrars  across  the  page  in  ink  and  imme- 
diately under  the  last  name  and  statement  so  registered. 
The  registrars  shall  make  a  note  in  writing  under  such 
double  line,  stating  "close  of  the  first,  second,  etc.,  day's 
registration, ' '  and  attest  it  by  their  signatures  in  both  regis- 
ters. The  register  shall  then  be  deposited  by  them  at 
the  end  of  each  day  at  the  office  of  the  board  of  deputy 
state  supervisors.     (R.  S.  See.  29261.) 

Section  4910.  When  not  in  the  official  use  of  the 
registrars  or  the  judges  of  election,  all  registers  shall  at 
all  times  be  deposited  and  locked  up  in  the  office  of  the 
board  of  deputy  state  supervisors  of  such  city,  subject  to 
be  produced  for  inspection  at  all  proper  times.  (R.  S.  Sec. 
29261.) 

Section  4911.  Each  male  person  who  is  a  citizen  of 
the  United  States  and  law^fully  resident  of  this  state  and  of 
any  city  wherein  registration  is  required,  who  is,  or  at  the 
next  ensuing  election  in  such  city  will  be,  entitled  to  vote 
therein,  on  application  in  the  election  precinct  where  he 
lawfully  resides  and  complying  wnth  the  requirements  here- 
in, shall  be  registered  as  a  resident  and  elector  therein, 
but  not  otherwise.  No  person  shall  be  entitled  to  vote  at 
any  election  in  such  city  unless  he  shall  establish  his  resi- 
dence by  causing  himself  to  be  registered  in  the  precinct 
where  he  shall  claim  to  reside,  in  the  manner  and  at  the 
time  required  herein,  nor  shall  a  ballot  be  received  by 
the  judges  at  any  election  under  any  pretense  whatever 
unless  the  name  of  the  person  offering  it  shall  have  been 
entered  on  both  of  the  registers  of  the  precinct  in  which 
he  claims  to  vote,  as  herein  provided.  It  shall  be  the  duty 
of  each  elector  resident  in  any  such  city  to  see  that  his 
name  has  been  so  registered.     (R.  S.  Sec.  2926 j.) 

Section  4912.  An  elector  in  such  city  who  is  pre- 
vented by  sickness  or  physical  disability  from  appearing 
before  the  registrars  at  the  place  in  his  election  precinct 
on  the  days  for  general  registration,  may  apply  to  such 
registrars  on  either  of  such  days  by  his  affidavit  made  be- 
fore a  judge  or  justice  of  the  peace  or  notary  public  in  such 
city.  Such  affidavit  shall  contain  a  full  and  proper  answer 
to  each  and  every  question  under  all  the  heads  or  columns 
required  for  registration,  and  shall  be  transmitted  to  such 
registrars  by  a  credible  person,  who  is  an  elector  of  such 
precinct  and  personally  cognizant  of  the  sickness  and  dis- 


Duplloets 
reeiater. 


Where   reeisten 
shall  he  de- 
posited. 


Voters   reifBtred 
to  register. 


RegistratioH  of 
disabled  persoBs. 


70 


bDgistration  oP  electors. 


Chap.  5 


Certificates  In 
case  of  remoyal. 


ability  of  the  applicant  and  of  the  facts  stated  m  the  affi- 
davit. Such  person  shall  be  examined  under  oath  by  the 
registrars  as  to  such  matters.  If  satisfied  that  the  appli- 
cant is  a  resident  of  such  precinct  and  that  he  is  then  or  on 
the  day  of  the  next  election  will  be  qualified  to  vote  therein, 
the  registrars  shall  enter  the  applicant  as  registered,  and 
in  the  column  for  ''signatures''  enter  the  word  "affidavit" 
and  transmit  the  affidavit  with  the  registers  to  the  judges 
of  election  and  such  registration  shall  be  sufficient.  (R.  S. 
Sec.  2926 j.) 

Section  4913.  An  elector,  being  the  head  of  a  family 
and  duly  registered  in  the  precinct  where  he  then  resided, 
who  shall  remove  info  another  precinct  in  the  same  city,  or 
an  elector  not  the  head  of  a  family,  duly  registered  in  a 
precinct  of  a  ward  where  he  then  resided,  who  shall  remove 
into  another  precinct  in  the  same  ward  may  on  any  of  the 
days  of  general  registration  apply  in  person  to  the  registrars 
of  his  previous  precinct  f or  a  "  removal  certificate, ' '  and  it 
shall  be  made  and  signed  by  them,  certifying  his  registra- 
tion, with  all  its  particulars,  as  shown  on  their  registers, 
but  adding  his  statement  of  the  new  residence  and  precinct 
to  which  he  has  removed.  They  shall  then  immediately 
cancel  his  registration  on  their  registers  by  drawing  double 
lines  in  ink  through  it  and  noting  his  "removal"  and  the 
ward  and  precinct  to  which  he  has  removed  in  the  column 
of  ' '  remarks. ' '  Such  note  must  be  subscribed  by  the  appli- 
cant.   (R.  S.  Sec.  2926k.) 


Certificates  in 
case  of  mis- 
take. 


Registration 
on  certificate. 


Note  : — This  section  applies  where  after  registration  an  elector  removes  to 
another  precinct  of  the  same  city  prior  to  the  close  of  registration.  If  he  so 
removes  after  the  last  day  of  registration  the  provisions  of  Sec.  4919  apply. 

Section  4914.  When  by  mistake  a  qualified  elector 
has  caused  himself  to  be  registered  in  a  precinct  which 
was  not  his  place  of  residence,  the  registrars  therein,  on 
full  and  satisfactory  proof  that  such  error  was  committed 
by  mistake  and  without  fraud  or  unlawful  intent,  may  on 
his  personal  application  and  proof  of  his  true  residence 
give  him  a  similar  certificate,  as  in  case  of  removal,  and 
cancel  his  registration  in  the  same  manner  on  their  registers. 
(R.  S.  Sec.  2926k.) 

Section  4915.  In  case  of  a  removal  or  mistake,  the 
certificate  so  granted  shall  entitle  such  persons  to  be  regis- 
tered in  the  precinct  where  they  lawfully  reside,  if  such 
certificates  are  presented  on  any  of  the  days  for  general  reg- 
istration or  between  the  hours  of  two  thirty  and  five  thirty 
o'clock  afternoon  on  Monday,  the  day  preceding  the  No- 
vember election,  to  the  registers  of  such  precinct,  and 
proper  proof  thereof  is  made  to  them.  When  registration 
is  so  granted  upon  certificate  from  the  registrars  of  other 
precincts  or  by  order  of  the  board  of  deputy  state  super- 
visors, as  hereinafter  provided,  such  certificate  or  order 
must  be  retained  by  the  registrars  to  whom  it  is  presented 
and  filed  by  them  in  the  office  of  the  board  of  deputy  state 
supervisors  and  preserved.    No  such  certificate  or  transfer 


tration  list. 


Chap.    5  REGISTRATION  OF  ELECTORS.  71 

shall  be  allowed  or  he  valid  unless  certified  and  signed  by 
both  the  registrars  of  the  precinct  in  which  the  registration 
was  first  made.     (R.  S.  Sec.  2926k.) 

Section  4916.  On  the  day  following  each  registration  Annual  rcRis- 
(lay,  unless  such  day  be  Sunday  or  a  registration  day,  in 
which  event  on  tlie  next  succeeding  day,  each  year,  the  reg- 
istrars of  each  election  precinct  shall  make  and  deliver  to 
the  board  of  deputy  state  supervisors  at  its  office  in  such 
city  a  true  list  of  the  names  of  all  electors  registered  by 
them  in  their  respective  precincts  on  the  preceding  day  or 
days,  arranged  in  the  alphabetical  order  of  their  surnames, 
followed  by  their  full  Christian  names  and  residences,  and 
having  the  registry  number  of  each  prefixed.  The  lists 
shall  be  under  the  following  heading:     "List  of  electors 

registered  in  w^ard ,  precinct of  the 

city  of ,  on  the 

days  of 19.  . .  .,  No 


....   name, 
residence. ' ' 


The  following  certificate  shall  be  annexed  at  the  end  of  the 
list  and  signed  by  both  of  the  registrars  of  the  several 
precincts :    ' '  We,  the  undersigned,  registrars  of  electors  in 

ward ,  precinct ,  of  the  city  of 

and  state  of  Ohio,  do  certify  that  the 

foregoing  list  is  a  true  and  correct  copy  of  the  names,  resi- 
dences and  registry  numbers  on  the  registers  of  such  pre- 
cinct of  all  persons  who  have  been  registered  by  us  as  resi- 
dents and  qualified  electors  in  such  precinct,  this 

day  of in  the  year  nineteen  hundred  and 

"     (102  V.  183.) 

Section  4917.     After  the  last  day  of  registration,  and.  Lists  shaii  be 
if  so  directed  by  the  state  supervisor  of  elections  after  each  5os"ed*at"^ 
day  of  registration,  the  board  of  deputy  state  supervisors  po"^"^  P^ace. 
shall  cause  a  number  of  copies  of  such  lists  for  each  pre- 
cinct in  such  city  respectively  to  be  printed  on  broad  side 
sheets  of  thick  paper  and  in  plain  type,  two  of  which  lists 
they  shall  cause  to  be  securely  posted  at  the  polling  place 
of  such  precinct  within  five  days  after  they  receive  such 
lists  from  the  registrars,  and  one  of  which  shall  be  deliv- 
ered to  the  controlling  committee  of  each  political  party  or 
authorized  committee  of  each  set  of  candidates  nominated 
by  petition.    Each  list  printed  shall  include  all  the  names 
registered. 

A  copy  of  the  complete  registration  prior  to  a  Novem-  copies  of  com- 
I)er  election  from  each  precinct  shall  be  retained  by  the  {*/®J®  resristra- 
l)oard  of  deputy  state  supervisors,  and  each  year,  after  the 
close  of  the  annual  registration,  bound  together  in  a  volume 
and  preserved  in  its  office.  They  shall  cause  at  least  fifty 
additional  copies  of  such  list  respectively  to  be  printed  in 
])amphlet  form  for  immediate  distribution.     (103  v.  519.) 

Section  4918.     After  making  and  returning  such  lists  Duplicate  regis 
to  the  board  of  deputy  state  supervisors,  the  registrars  shall  use* at" pons.  ""^ 


72 


REGISTRATION  OP  ELECTORS. 


Chap.  5 


Meeting  for 
erantlng  or 
celTlng  cer- 
tificates. 


make  in  books,  to  be  prepared  and  furnished  them  by  the 
board,  duplicate  lists  of  all  the  registered  electors  in  their 
precinct,  arranged  alphabetically  in  the  order  of  their  sur- 
names, followed  by  their  full  Christian  names,  ages  and  resi- 
dences, as  registered,  and  the  registry  number  of  each  pre- 
fixed. The  books  to  be  prepared  for  this  purpose  shall  be 
ruled  in  columns  with  printed  headings  as  follows :  ' '  Reg- 
istry number ,  name ,  age , 

residence ,  voted 

remarks "  These  lists  shall  be  care- 
fully compared  by  1  he  registrars  of  each  precinct  with  the 
registers  thereof  and  with  each  other,  and  then  certified 
by  them  in  the  form  prescribed  for  the  lists  returned  to 
the  board  of  deputy  state  supervisors,  and  at  the  opening 
of  the  polls  at  the  next  succeeding  election  shall  be  there 
produced  by  them  for  the  use  of  the  judges,  as  herein  pro- 
vided.   (R.  S.  Sec.  29261.) 

Section  4919.  On  Monday,  the  day  preceding  the 
November  election  in  each  year,  the  registrars  of  each  elec- 
tion precinct  shall  meet  at  two-thirty  o'clock  afternoon  at 
the  polling  place  appointed  for  holding  elections  therein, 
and  there  remain  in  session  until  five  thirty  o'clock  after- 
noon, central  standard  time.  At  this  meeting,  they  shall 
receive  and  act  upon  any  application  for  either  granting 
or  receiving  certificates  of  removal  or  correction  of  mis- 
takes, as  herein  provided  for.  If  material  error  or  mistake 
in  the  description  of  any  elector  in  such  precinct  has  been 
discovered,  he  may  appear  at  this  meeting  and  on  good 
cause  shown,  the  registrars  may  then  correct  it.  Any  change 
in  the  registers  allowed  by  the  registrars  at  such  meeting 
must  immediately  be  noted  by  them  in  the  registers  and 
also  in  the  books  containing  the  duplicate  lists  for  the  use 
of  the  judges,  as  herein  provided,  and,  if  not  then  and  there 
so  noted,  shall  be  wholly  null  and  disregarded  by  the  judges 
of  election.     (R.  S.  Sec.  2926m.) 


Note  : — Where  an  elector  has  registered  more  than  once  in  the  same  precinct, 
the  registrars  of  such  precinct  should  make  correction  to  show  but  one  registra- 
tion. 


BeKlstration  by 
erder  of  deputy 
stat«  super- 
Tisore. 


Section  4920.  At  such  meeting  and  subject  to  the 
same  conditions,  any  qualified  elector  of  such  precinct  may 
be  registered  who  shall  appear  and  present  an  order  re- 
quiring it,  signed  by  not  less  than  three  members  of  the 
board  of  deputy  state  supervisors.  No  such  order  shall  be 
made  or  considered  by  the  board,  except  in  a  session  of  the 
board,  to  be  held  in  its  office  on  Saturday  and  Monday 
preceding  the  November  election  in  each  year,  and  during 
such  hours  as  may  be  prescribed  by  the  board  therefor,  nor 
unless  the  applicant  shall  appear  before  the  board  per- 
sonally at  such  session  after  the  last  day  of  general  regis- 
tration and  proves  to  its  satisfaction  that  he  could  not  by 
due  diligence  have  appeared  before  the  registrars  in  his 
pr«p«r  p]?««inf  t  •»  either  of  the  days  appointed  herein,  an«l 


Ghap.    5  REGISTRATION  OP  BLHCTORS.  78 

shall  furthermore  comply  with  all  the  prescribed  require- 
ments for  general  registration.     (R.  S.  Sec.  2926m.) 

Section  4921.  On  Monday,  the  day  preceding  the  Me«tinc  ©■ 
November  election  in  each  year,  the  registrars,  as  judges  of  {J^J/^'iJT*'^ 
election  and  the  other  two  judges  of  election  in  each  pre- 
cinct shall  meet  at  the  polling  place  appointed  for  holding 
the  election  therein  at  seven  o'clock  afternoon,  punctually, 
and  then  and  there  organize  as  a  board  by  electing,  one 
of  their  number  by  ballot  as  chairman.  If  they  fail  so 
to  elect  a  chairman  within  ten  minutes,  they  shall  imme- 
diately choose  a  chairman  by  drawing  lots.  At  this  meet- 
ing, they  shall  make  all  necessary  arrangements  for  secur- 
ing the  ballot  boxes  and  the  proper  accommodations  for 
themselves  and  the  clerks  of  elections  in  receiving  and 
counting  ballots  at  the  ensuing  election,  and  also,  if  re- 
quested for  the  witnesses  and  challengers  designated  by  each 
political  party,  as  provided  in  the  next  section.  (R.  S.  Sec. 
2926n.) 

Note  : — In  selecting  a  chairman  on  the  Monday  evening  preceding  the  No- 
Tember  election,  the  choice  must  be  by  ballot  or  by  lot.  The  rule  as  to  "dominant 
party"  does  not  apply. 

Section  4922.  At  each  election,  the  executive  or  prin-  witnesa  aad 
cipal  committee  of  each  political  party  presenting  one  or  be*2dmitte™*J 
more  candidates  for  suffrage  may,  by  writing,  certified  by  ooumg  piac«. 
its  chairman  and  secretary,  and  presented  to  the  judges  of 
election  at  or  before  this  meeting,  designate  not  more  than 
one  elector  of  such  city  as  witness  and  one  other  elector  as 
challenger,  to  attend  at  such  election  in  behalf  of  such  party. 
The  judges  of  election  in  each  ward  or  election  precinct 
shall  admit  such  witnesses  and  challengers  so  accredited 
into  the  polling  room  with  themselves  and  the  clerks  at  the 
ensuing  election  and  place  them  so  near  to  themselves 
and  the  clerks  that  they  can  fully  and  conveniently  watch 
every  proceeding  of  the  judges  and  clerks  from  the  time 
of  opening  to  closing  of  the  polls.  No  other  person,  except 
the  witnesses  and  the  judges  and  clerks  of  the  election 
shall  be  admitted  to  the  polling  place  after  the  closing  of 
the  polls  until  the  counting,  certifying  and  signing  of  the 
final  returns  of  each  election  have  been  completed.  (R.  S. 
Sec.  2926n.) 


Note  : — See  note  to  Sec.  4808.  as  to  "Executlye  Committee." 
See  also  Oliver  t.  Bodle,  3  N.  P.  298. 

Section  4923.  Before  opening  the  polls,  the  ballot 
boxes  shall  be  opened,  if  requested  by  a  witness,  so  that 
the  inside  and  the  locks  and  keys  may  be  inspected  by  them. 
No  ballot  box,  nor  any  ballot  when  taken  from  it  for  count- 
ing, shall  be  removed  or  screened  from  the  constant  sight 
of  such  witnesses  until  the  counting  has  been  closed  and 
the  certificate  of  the  final  returns  completed  and  signed  by 
the  judges.  The  challengers  so  designated  shall  be  so  placed 
that  they  can  fully  see  and  meet  each  and  every  person 
offering  a  ballot  to  the  judges  or  either  of  them.  (R.  S. 
Sec.  2926n.) 


lBBpe«tI«a  •t 
ballot  bozet. 


74 


REGISTRATION  OF  ELECTORS. 


Chap.  5 


Challenee  of 
person  named 
in  register. 


Opening  and 
closing  of  polls. 


Section  2924.  At  the  meeting  on  the  evening  of  the 
day  preceding  an  election,  any  elector  may  appear  and 
challenge  the  vote  of  any  person  named  in  the  register  of 
such  precinct,  and  the  word  ''challenged"  shall  immediately 
be  entered  by  the  judges  opposite  the  name  of  such  person 
on  both  the  duplicate  lists  of  electors,  and,  if  he  shall  offer 
to  vote  at  such  election,  the  judges,  upon  such  challenge, 
shall  examine  him  under  oath  as  to  his  qualifications  as  an 
elector  in  such  precinct.    (R.  S.  Sec.  2926n.) 

Section  4925.  On  the  day  of  the  November  election 
in  each  year  and  of  any  other  election,  the  polls  shall  be 
opened  by  the  judges  of  elections  appointed  and  organized 
as  herein  provided,  by  proclamation  made  by  the  chairman 
at  the  hour  of  five-thirty  o'clock  forenoon,  standard  time, 
and  shall  be  closed  by  proclamation  at  the  hour  of  five- 
thirty  o'clock  afternoon.    (R.  S.  Sec.  2926o.) 


Note  : — Wlien  tlie  said  section  is  construed  witii  otlier  legislation  in  pari 
materia,  it  does  not  appear  that  it  denies  or  abridges  the  right  of  citizens  to  vote. 
The  said  section  is  intended  to  and  does  facilitate  rather  than  impede  the  exer- 
cise of  the  right  of  suffrage  and  it  is  reasonable,  uniform  and  impartial. 

Section  2926o,  Revised  Statutes,  is  a  law  of  a  general  nature  and  operates 
uniformly  throughout  the  state. 

Gentsch  et  al.  v.  State  ex  rel.  McGarry  et  al.,  71  0.  S.  151. 


Duties  of  reg- 
istrars acting  as 
judges. 


Location  of 
ballot  box  and 
checking  of 
lists. 


Distribution  of 
ballots  by  elec- 
tion   officers 
unlawful. 


Section  4926.  At  the  hour  of  opening  the  polls,  the 
registrars  acting  as  judges  shall  punctually  attend  and  pro- 
duce at  the  polling  places  in  the  several  precincts  the  reg- 
isters, affidavits  of  sick  or  absent  electors  and  accompany- 
ing papers  and  the  duplicate  certified  lists  of  electors,  pre- 
pared by  them,  as  herein  required.  The  chairman  of  the 
board  shall  at  once  designate  two  members  of  the  board  of 
judges  of  different  political  parties,  each  to  hold  and  to 
have  charge  of  one  of  the  duplicate  lists.  No  ballot  shall 
be  deposited  in  the  ballot  box  until  the  name  of  the  elector 
offering  it  shall  first  have  been  stated  by  him  and  announced 
aloud  by  the  judge  holding  the  ballot  nor  until  it  shall 
have  been  found  on  both  such  lists  and  so  announced  by  both 
of  the  judges  holding  the  lists.     (R.  S.  Sec.  2926o.) 

Section  4927.  Each  ballot  must  be  put  in  the  ballot 
box  by  the  judge  who  receives  it  from  the  elector.  Such 
judges  shall  check  oft'  the  name  of  such  elector  and  the 
ballot  be  so  held  forth  by  the  judge  that  it  shall  be  in  full 
view  of  the  elector  until  it  is  actually  put  into  the  box. 
For  a  willful  violation  or  evasion  of  this  rule  by  any  such 
judge,  he  shall  at  once  be  expelled  from  his  office  by  the 
other  three  judges,  and  the  vacancy  filled  in  the  manner 
herein  provided  in  other  cases  of  vacancy.  Immediately 
upon  the  depositing  of  the  ballot  in  the  box,  each  of  such 
judges  shall  check  off  the  name  of  such  elector  on  the  dupli- 
cate list  held  by  him  by  placing  a  "  V "  distinctly  with  ink 
in  the  column  under  the  Avord  ''Voted"  and  in  the  line 
with  the  elector's  name.     (R.  S.  Sec.  2926o.) 

Section  4928.  No  judge  or  clerk  of  elections,  witness 
or  challenger,  admitted  into  the  polling  rooms  at  the  elec- 
tion, at  any  time  while  the  polls  are  open,  shall  have  in  his 


Chap.    5  REGISTRATION  OF  ELECTORS.  76 

possession  or  distribute  or  give  out  any  ballot  or  ticket  to 
any  person  on  any  pretense  during  the  counting  or  certify- 
ing of  the  votes,  or  have  any  ballot  or  ticket  in  his  posses- 
sion or  control,  except  in  the  proper  discharge  of  his  duty 
in  receiving,  counting  or  canvassing  the  votes  as  required 
by  law.  This  prohibition  shall  not  extend  to  the  lawful 
exercise  by  a  judge  or  clerk  of  elections,  witness  or  chal- 
lenger of  his  individual  right  to  vote  at  such  election.  (R. 
S.  Sec.  29260.) 

Section  4929.  A  registered  elector,  when  offering  to  challenges  by 
vote,  may  nevertheless  be  challenged  by  any  elector  as  a  electors, 
non-resident  or  for  any  of  the  causes  allowed  by  law,  and 
he  shall  be  sworn  and  the  same  proceedings  thereupon  had 
as  in  other  cases.  In  all  cases  of  challenge,  the  judges  hold- 
ing such  duplicate  lists  shall  note  the  word  "sworn"  op- 
posite the  name  of  the  person  challenged.  (R.  S.  Sec. 
29260.) 

Section  4930.  Except  as  otherwise  required  herein,  J°Jf^"o*^ud  es 
the  judges  of  election  appointed  as  herein  provided  shall 
have  the  same  powers  and  discharge  all  the  duties  conferred 
or  required  by  the  general  laws  of  the  state,  regulating 
elections.  Except  when  some  authority  or  duty  is  herein 
allotted  to  one  of  such  judges,  no  order  or  action  on  their 
part  shall  be  valid  without  the  concurrence  of  three  mem- 
bers of  such  board  of  judges  in  any  precinct.  (R.  S.  Sec. 
29260.) 

Section  4931.  Immediately  upon  the  close  of  the  prJc^lamaSor'if 
polls  at  each  election  in  such  cities,  the  number  of  electors  to^^i  ^ot«  cast, 
entered  and  shown  on  the  poll  books  as  having  voted  shall 
be  first  certified  therein  and  signed  by  the  board  of  judges 
and  the  clerks.  Before  any  other  or  further  proceedings, 
the  chairman  of  the  board  shall  make  a  proclamation  in 
a  loud  voice  in  the  street  outside  of  the  polling  room,  stat- 
ing the  number  of  voters  so  shown  and  certified  on  the  poll 
books.  The  number  of  electors  who  shall  have  been  checked 
on  each  of  the  duplicate  lists  as  having  voted  shall  next  be 
counted  and  compared  each  with  the  other,  and  with  the 
number  so  shown  in  the  poll  books  and  t1ie  result  shall  at 
once  be  certified  in  the  poll  books  and  signed  by  the  judges. 
In  counting  those  who  are  checked,  the  word  '*No"  shall 
at  the  same  time  be  entered  in  ink  in  the  same  column  op- 
posite the  name  of  each  elector  who  is  not  so  checked  off. 
In  all  cases  of  disagreement  or  doubt  on  any  question  dur- 
ing the  election  or  counting,  the  judges  may  refer  to  the 
original  registers,  and  they  shall  be  conclusive  when  rele- 
vant.    (R.  S.  Sec.  2926p.) 

Section  4932.  "Without  adjournment  or  delay,  the  ^^''c" "s  of  baiio'ts 
ballot  box  shall  then  be  opened,  and,  without  opening  any  destroyed, 
ballot  or  ascertaining  its  contents,  the  number  of  ballots 
shall  first  be  counted.  If  the  number  of  ballots  exceeds  the 
number  of  names  on  the  poll  books,  the  ballots  shall  be 
replaced  in  the  box  and  one  of  the  judges,  with  his  back 
to  the  box  and  without  seeing  it,  shall  draw  out,  without 


H 


REGISTRATION  OF  ELECTORS. 


Ghap.  5 


showing  them,  and  destroy,  a  number  of  ballots  equal  to 
the  excess.  If  during  the  counting  of  the  ballots  or  at  the 
conclusion  of  the  counting,  an  excess  of  ballots  is  discovered, 
all  the  ballots  shall  be  returned  to  the  box  and,  after  being 
thoroughly  mingled,  the  excess  shall  in  the  manner  above 
directed  be  drawn  out  and  destroyed  and  the  count  cor- 
rected accordingly.  In  all  cases  when  ballots  have  thus  been 
drawn  out  and  destroyed,  a  minute  of  the  number  destroyed 
and  the  reason  shall  be  made  on  the  tally  sheet.  The  count 
shall  then  commence  and  proceed  without  interruption  or 
delay,  and  in  no  case  shall  cease  until  it  is  completed,  pro- 
claimed and  the  final  result  certified  as  herein  required. 
fK  S.  Sec.  2926p.) 

Note  : — In  the  absence  of  any  ehowing  of  fraudulent  intent  or  that  the  result 
was  changed  thereby,  an  election  is  not  vitiated  by  the  fact  that  a  ballot  was 
Toted  upon  which  a  number  bad  been  placed  in  some  unknown  manner,  or  be- 
cause the  judges  recounted  the  ballots  and  changed  their  decisions  as  to  one 
which  had  been  In  dispute.  State  ex  rel.  Johnson  et  al.  v.  Village  of  McClure,  5 
0.  N.  P.  (N.  S.)  541. 


Summary  state- 
meat  of  TOte> 
cmst. 


Signing  of 
talU     - 


Session  of 
board  on  elec- 
tion day. 


Section  4933.  As  soon  as  the  ballots  have  been 
counted  and  tallied  and  the  clerks  have  estimated  the  num- 
ber tallied  for  each  candidate,  the  chairman  of  the  board 
shall  make  a  second  proclamation  in  the  same  manner  as 
the  first,  stating  the  whole  number  of  votes  cast  and  the 
number  counted  and  tallied  for  each  candidate.  This 
proclamation  shall  be  prima  facie  proof  of  the  result.  The 
judges  and  clerks  in  each  precinct  shall  at  the  same  time 
make  out  and  certify  a  summary  statement  of  the  number 
of  votes  cast  therein  and  the  number  counted  and  tallied 
for  each  candidate  as  announced  in  the  proclamation,  and 
dispatch  it  without  delay  by  a  special  messenger  in  a  sealed 
envelope,  to  the  board  of  deputy  state  supervisors  at  its 
oflfice.  As  soon  as  the  result  has  been  proclaimed,  the  judges 
of  election  shall  also  announce  it  to  the  board  of  deputy 
state  supervisors  from  the  nearest  police  station  or  from 
the  telegraph  or  telephone  station,  if  nearest  to  them.  At 
the  request  of  a  person  designated  to  witness  the  counting 
of  the  ballots,  the  judges  and  clerks  of  election  shall  also 
sign  and  deliver  to  him  a  certificate  containing  the  same 
statements  as  required  to  be  made  to  the  board  of  deputy 
state  supervisors.     (R.  S.  Sec.  2926p.) 

Section  4934.  After  completing  the  counting  and 
enumerating  of  the  ballots,  and  proclaiming  and  issuing 
the  statement  of  the  result,  as  hereinbefore  directed,  the 
number  of  votes  for  each  person  shall  be  set  down  in  the 
tally  sheets  under  the  inspection  of  the  judges  and  certified 
and  signed  by  them  in  manner  and  form  as  prescribed  by 
law.  In  all  certificates  the  number  of  votes  shall  be  fully 
written  out  in  words  and  also  stated  in  figures.  (R.  S. 
S6c.2926p.) 

Section  4935.  The  board  of  deputy  state  supervisors 
convene  in  session  at  its  office  at  five-thirty  o'clock 


shall 


forenoon  on  the  day  of  each  election  in  such  cities,  and 
remain  in  session  continuously  until  such  statements  giving 


Chap.    5  REGISTRATION  OP  ELECTORS.  77 

the  result  of  the  election  are  received  from  every  precinct 
in  such  city.  The  board  may  employ  messengers,  use  the 
telephone  and  telegraph,  direct  the  police  force  of  the  city, 
and  use  any  other  lawful  means  to  secure  prompt  and  cor- 
rect reports  from  the  election  judges.  The  police  author- 
ities shall  assign  at  least  one  policeman  to  do  duty  in  each 
precinct  on  each  day  of  election.     (R.  S.  Sec.  2926q.) 

Section  4936.     In  case  an  elector,  through  no  mistake  certificate  in 
or  negligence  of  his  own,  shall  have  been  registered  in  the  t"y  misffi  m" 
wrong  precinct,  the  board  of  deputy  state  supervisors,  dur-  registering, 
ing  each  election  day,  may  issue  to  such  elector  a  certificate, 
showing  such  fact,  and  such  certificate,  when  presented  by 
such  elector  to  the  proper  registrars  and  judges,  shall  en-         ^ 
title  him  to  vote  in  his  proper  precinct.     Such  mistake  shall 
be  noted  on  the  register.     When  any  such  certificate  is 
issued,  the  board  shall  immediately  notify  the  registrars 
and  judges  of  elections  of  the  precinct  where  such  elector 
was  so  improperly  registered  of  the  issuing  of  the  certifi- 
cate, whereupon  such  erroneous  registry  shall  be  cancelled 
by  them  and  a  proper  note  thereof  made  in  the  column  for 
''remarks."     (R.  S.  Sec.  2926q.) 

Section  4937.  After  having  set  down  the  number  of  Diarposition  of 
votes  for  each  person,  certified  and  signed  it  in  the  poll  fauy^hwts.*"^ 
books  and  tally  sheets  in  the  manner  prescribed  by  law,  the 
judges  of  elections  shall  put  under  cover  one  of  the  poll 
books  and  tally  sheets,  seal  it  and  direct  it  to  the  clerk  of 
the  court  of  common  pleas.  The  other  poll  book  and  tally 
sheet  shall  be  sealed  in  like  manner  and  directed  to  the 
board  of  deputy  state  supervisors.  Before  separating,  they 
shall  designate  two  of  their  number  as  messengers,  by  lot, 
if  they  cannot  agree,  one  of  whom  shall  personally  and 
within  twenty  hours  from  the  close  of  the  polls  deliver  to 
the  clerk  of  the  court  of  common  pleas  the  poll  book  and 
tally  sheets  so  addressed  to  such  clerk,  and  the  other  shall 
personally  and  within  twenty  hc'.rr  deliver  the  other  poll 
book  and  tally  sheet  to  the  board  of  deputy  state  super- 
visors at  its  office.     (103  V.  846.) 

Note  :— No  express  provision  is  made  for  the  preservation  of  these  returns 
for  any  definite  time,  but  the  clerk  should  retain  such  returns  In  a  suitable  place 
for  a  reasonable  period  after  each  election.  It  would  be  well  for  the  clerk  to 
retain  them  for  at  least  one  year. 

Section  4938.  The  chairman  of  the  precinct  board  of 
elections  shall  safely  return  the  registers,  the  duplicate  lists  SfeJ^and  c?m- 
made  therefrom,  the  ballot  boxes  and  keys  thereto  and  all  pietion  of  work, 
papers  or  affidavits  accompanjang  them  to  the  board  of 
deputy  state  supervisors  or  the  clerk  at  the  office  of  the 
board  within  twenty  hours.  The  judges  and  clerks  of 
elections  shall  not  adjourn,  disperse  or  cease  from  proceed- 
ing as  hereinbefore  required  until  all  such  requirements 
have  been  actually  executed  and  completed  in  the  manner 
and  form  prescribed  by  law.     (R.  S.  Sec.  2926r.) 

Section  4939.     On  demand  of  any  candidate,  the  board  ^^f^^^S^l^' 
of  deputy  state  supervisors  shall  compare  the  returns  re-  to  cierk  and 
ceived  by  the  county  clerk  from  the  precincts  in  such  city  SXard.*^^*^ 


78 


REGISTRATION  OF  ELECTORS. 


Chap.  5 


Registration 
of  women. 


with  the  certified  statement  sent  by  the  judges  of  election 
to  the  board  of  deputy  state  supervisors.  If  found  to  dis- 
agree, the  number  certified  in  the  statement  last  mentioned 
shall  be  taken  as  correct  and  counted^  unless  proof  of  their 
returns  received  by  the  county  clerk,  satisfactory  to  the 
board,  shall  be  made  by  the  judges,  clerks  and  witnesses 
of  the  counting.  For  the  purpose  of  adjusting  such  dis- 
crepancy and  determining  the  true  result  of  the  election, 
such  board  shall  summon  witnesses  and  examine  them 
under  oath  as  to  the  proceedings  and  proclamations  at  such 
election  in  any  precinct,  and  it  may  view  and  consider  as 
part  of  the  record  the  poll  books  and  tally  sheets,  registers 
and  duplicate  lists  made  therefrom,  and  deposited,  as  here- 
in provided.  Such  inquiry  shall  be  limited  exclusively  to 
determining  which  shall  be  adopted  as  proof  of  the  true 
vote  at  the  close  of  the  polls  in  a  precinct :  the  returns  as 
received  by  the  county  clerk,  or  the  certified  statement  as 
received  by  the  board  of  deputy  state  supervisors.  (R.  S. 
Sec.  2926s.) 

Section  4940.  The  provisions  of  this  chapter  relating 
to  registration  shall  apply  to  women  upon  whom  the  right 
to  vote  for  member  of  the  board  of  education  or  presidential 
elector  is  conferred  by  law,  but  the  names  of  such  women 
may  be  placed  on  a  separate  list.     (108  pt.  I,  p.  699.) 


Note  : — ^As  to  constitutionality  of  act  conferring  upon  women  the  riglit  to 
vote  and  be  voted  for  at  any  scliool  election,  etc.,  see  State  ex  rel.  v.  Board  of 
Elections.  9  C.  C.  134,  affirmed  in  54  0.  S.  631. 


SPECIAL  ELECTIONS. 


Special 
elections. 


Registration  in 
such  elections. 


Certificates  of 
cancellation. 


Section  4941.  The  provisions  of  the  preceding  sec- 
tions of  this  chapter  shall  extend  to  any  special  election 
authorized  by  law  to  be  held  in  a  registration  city,  as 
follows : 

1.  There  shall  be  no  general  registration,  as  provided 
in  such  preceding  sections,  but  on  Friday  and  Saturday  in 
the  second  week  before  any  such  special  election,  the  regis- 
trars of  each  precinct  shall  obtain  the  last  registers  made 
by  them  from  the  board  of  deputy  state  supervisors,  and 
attend  at  the  place  in  such  precinct  appointed  for  the  regis- 
tration of  electors,  between  the  hours  directed  for  the 
purpose,  and  receive  applications  for  registration  by  such 
qualified  electors  residing  therein  as  are  not  already  regis- 
tered. If  qualified,  they  shall  enter  them  in  the  registers, 
subject  to  the  rules  and  conditions  prescribed  as  to  general 
registration. 

2.  The  registrars  shall  deliver  certificates  of  cancella- 
tion to  any  registered  elector  who  is  not  the  head  of  a 
family  and  who  may  apply  to  them  to  cancel  his  registration 
on  account  of  his  removal  from  the  precinct  in  which  he  was 
registered  to  another  precinct,  and  they  shall  receive  such 
certificate  from  any  elector  presenting  it,  and  allow  him  to 
register,  if  he  be  otherwise  qualified,  in  the  precinct  to 
which  he  has  removed,  if  on  the  day  of  election  he  will  have 


Chap.    5  REGISTRATION  OF  ELECTORS.  79 

been  an  actual  resident  in  such  ward  for  twenty  days  imme- 
diately preceding  such  election. 

3.  The  registrars  shall  receive  affidavits  of  sick  and  Affidavits  of  sick 
disabled  electors,  as  required  in  such  preceding  sections,  and  ei"ctorr^^^^ 
on  such  days  and  at  their  meeting  on  the  evening  preceding 

such  election,  which  shall  be  held  between  the  hours  of  five 
and  seven  o'clock  afternoon,  they  shall  also  perform  the 
same  duties  prescribed  in  such  sections. 

4.  During  the  week  previous   to  such  election,   the  Hours  for  reg- 
board  of  deputy  state  supervisors  may  issue  orders  for  boI?d.°°  ^^ 
registration,  which  orders,  if  presented  at  the  meeting  for 
organization,  held  the  evening  before  such  election,  shall 

be  received  by  the  registrars  and  be  disposed  of  as  required 
in  such  preceding  sections. 

5.  Any  additions  or  changes  then  entered  by  them  Additions  and 
in  their  registgjs  shall  also  be  made  in  the  duplicate  list  register. '" 
of  voters,  which,  after  being  carefully  compared  with  the 
registers  and  with  each  other,  shall  be  produced  by  them, 
together  with  the  registers  of  such  precincts  at  the  opening 

of  the  polls  on  the  day  of  election,  and  then  used,  applied 
and  disposed  of  by  the  judges  in  all  respects  as  directed 
in  such  preceding  sections. 

6.  At  seven  o'clock  afternoon,  preceding  any  such  ?''^*J'^5H°^  °' 
special  election,  the  registrars  for  each  precinct  and  the  ^^^  °  "  ^^' 
other  two  judges  of  election  shall  meet  at  the  polling  place 

therein  appointed  for  such  election,  and  then  and  there  shall 
organize  as  a  board  of  judges  and  perform  the  other  duties 
prescribed  in  such  preceding  sections  and  in  the  manner 
therein  directed. 

7.  The  poll  books  required  by  such  preceding  sections  pou  books; 
to  be  delivered  by  the  judges  of  election  to  the  clerk  of  the  aSd  d^etfvw^d.^ 
court  of  common  pleas  shall  be  addressed  and  delivered 

hy  them  to  the  auditor  of  such  city. 

8.  The  board  of  canvassers  of  elections  in  each  such  Duties  of  board 
city  shall  be  composed  of  the  board  of  deputy  state  super- 
visors and  the  city  auditor  of  such  city.    Within  four  days 

after  such  special  election,  the  ''board  of  canvassers"  shall 
meet  at  the  office  of  the  board  of  deputy  state  supervisors 
in  such  city  at  ten  o'clock  forenoon  at  the  call  of  the  chief 
deputy  state  supervisor  and  organize  by  electing  a  chair- 
man and  secretary.  The  returns  received  by  the  city  audi- 
tor shall  then  be  produced  by  him  and  opened  and  canvassed 
by  the  board  of  canvassers,  as  prescribed  in  such  preceding 
sections,  and  by  law. 

9.  If  the  board  of  deputy  state  supervisors  is  of  the  Board  may  make 
opinion  that  it  is  unnecessary  to  require  the  registrars  of  JeguiatS^for^^ 
each  precinct  to  attend  in  each  precinct  for  the  registration  registration. 

of  voters  for  a  special  election,  such  board  may  make  such 
other  reasonable  provisions  for  transfers  and  the  registra- 
tion of  voters  at  such  election  as  it  deems  proper. 

10.  When  a  new  ward  has  been  created,  or  the  boun-  New  or  altered 
daries  of  any  ward  or  the  precincts  thereof  have  been  ^ncts."'^''" 
changed  after  the  general  registration  and  before  any  such 

special  election  following,  the  board  of  deputy  state  super- 


80 


REGISTRATION  OF  ELECTORS. 


Chap.  5 


visors  shall  appoint  election  officers,  rearrange  the  voting 
precincts,  provide  for  registration  of  electors  not  already 
registered,  make  new  registers,  certify  the  registration  of 
registered  electors  whose  voting  precinct  has  been  changed, 
and  make  all  necessary  arrangements  and  regulations  for 
holding  elections  in  such  new  or  altered  wards  and  precincts. 
The  right  of  any  registered  elector  to  vote  shall  not  be 
prejudiced  by  any  error  in  making  out  the  certified  lists  of 
registered  voters.     (R.  S.  Sec.  2926v.) 

Note  : — For  a  special  election,  such  as  a  bond  issue,  an  opportunity  should 
be  given  all  persons  to  register  but  it  is  not  necessary  to  open  all  the  booths  or 
to  call  out  all  registration  ofiflcers,  and  public  notice  should  be  given  when  every- 
body should  be  given  an  opportunity  to  register  or  transfer. 

'  The  action  of  the  board  of  elections  as  to  the  registration  of  voters  in  cities 
where  the  number  and  boundaries  of  the  wards  are  changed  under  the  new  munici- 
pal code,  is  controlled  by  Sec,  2926v-5,  Rev.  Stat.,  which  provides  that  whenever 
any  new  ward  has  been  created  or  the  boundaries  of  any  ward  changed  after  the 
general  registration  and  before  the  April  election  following,  the  board  of  elections 
shall  provide  for  the  registration  of  electors  not  already  registered,  make  new 
registers,  and  certify  the  registration  of  electors  whose  voting  precinct  has  been 
changed,  and  the  board  of  elections  of  a  city  in  such  case  must  follow  the  course 
prescribed  in  said  section,  and  is  without  authority  to  hold  a  general  registration 
prior  to  the  April  election,  and  the  expenditure  of  public  funds  for  such  a  pur- 
pose Is  a  misapplication  of  the  funds  of  the  corporation  within  the  meaning  of 
Sec.  1777  Revised  Statutes,  and  will  be  enjoined. 

Columbus  V.  City  Board  of  Elections,   13  0.  D.  452. 

The  Brannock  Law  is  not  rendered  invalid  by  reason  of  the  possibility  that 
certain  persons  may  be  disfranchised  at  an  election  thereunder  by  reason  of  the 
construction  which  may  be  given  to  Sec.  2926t;  of  the  election  law.  Courts  will 
presume  that  the  true  construction  of  the  statute  will  be  adopted  and  the  elec- 
tions so  conducted  as  to  give  every  elector  an  opportunity  to  register  and  vote. 

Jeffrey,  Mayor,  v.  State  Ex  rel.  Butler,  4  C.  C.  (N.  S.)  494. 

An  elector  who  registers  prior  to  the  November  election  in  the  precinct  where 
he  then  resides  is  a  registered  elector  in  any  new  or  altered  precinct  which  the 
board  of  elections  may  establish,  and  within  the  boundaries  of  which  his  resi- 
dence falls. 

Columbus  V.  City  Board  of  Elections,  13  0.  D.  452. 

Where  a  special  election  is  held  under  the  Brannock  law  within  a  registra- 
tion city,  only  the  registrars  of  the  precincts  within  the  local  option  district 
should  attend  for  the  special  registration  under  this  section.  The  board  of  deputy 
supervisors  should  make  arrangements  and  give  proper  notice  to  the  electors  of 
other  precincts  so  that  the  board  may  issue  transfers  to  persons  who  have  re- 
moved from  precincts  outside  the  resident  district  to  precincts  within  the  resi- 
dent district.  It  is  not  necessary  for  the  registrars  to  attend  tJ  all  of  the 
precincts  of  the  city. 

Under  paragraph  5  of  this  section,  the  board  has  authority,  where  the 
boundaries  of  any  precinct  have  been  changed  after  the  general  registration,  to 
provide  for  the  registration  of  electors  not  already  registered  and  make  new  regis- 
ters and  certify  the  registration  of  registered  electors  whose  voting  precinct  has 
been  changed,  and  make  all  necessary  arrangements  and  regulations  for  holding 
elections  in  such  new  or  altered  wards  and  precincts. 

Where  a  special  election  is  held  in  a  registration  city,  the  registrations  pro- 
Tided  for  In  this  section  should  be  provided  by  the  board  of  deputy  state  super- 
visors. 

Wliere  a  special  election  is  held  in  a  registration  city  for  the  purpose  of 
submitting  the  question  of  the  Issue  of  bonds  to  a  vote  of  the  people,  special 
registration  must  be  conducted  as  provided  in  this  section  of  the  registration  law. 


REGISTRATION  EXPENSES. 


ComyensatloH 
of  «ef«tjr  tttt* 

superrUors  and 
clerks  In  cities. 


Section  4942.  In  addition  to  the  compensation'  pro- 
vided in  section  forty-eight  hundred  and  twenty-two,  each 
deputy  state  supervisor  of  elections  in  counties  containing 
cities  in  which  registration  is  required  shall  receive  for  his 
services  the  sum  of  five  dollars  for  each  election  precinct 
in  such  city,  and  the  clerk  in  such  counties,  in  addition  to 
his  compensation  so  provided,  shall  receive  for  his  services 
the  sum  of  six  dollars  for  each  election  precinct  in  such 
cities.  The  comr^'-^ation  so  allowed  such  officers  during  any 
year  shall  be  determined  by  the  number  of  precincts  in  such 


Chap.   5  REGISTRATION  OF  ELECTORS.  tl 

city  at  the,  November  election  of  the  next  preceding  year. 
The  compensation  paid  to  each  such  deputy  state  supervisor 
under  this  section  shall  in  no  case  be  less  than  one  hundred 
dollars  each  year  and  the  compensation  paid  to  the  clerk 
under  this  section  shall  in  no  case  be  less  than  one  hundred 
twenty-five  dollars  each  year.  The  additional  compensation 
provided  by  this  section  shall  be  paid  monthly  from  the 
city  treasury  on  warrants  drawn  by  the  city  auditor  upon 
vouchers  signed  by  the  chief  deputy  and  clerk  of  the  board. 
(R.  S.  Sec.  2926t.) 

Section  4943.     In  such  counties  containing  registra-  Maximum  com- 
tion  cities,  the  whole  amount  of  annual  compensation  paid  deputj°»t*t« 
to  each  deputy  state  supervisor  and  clerk  under  the  pre-  IndfrillrtS. 
ceding  section  and  under  section  forty-eight  hundred  and 
twenty- two,  shall  not  exceed  in  any  year  the  following : 

In  counties  containing  cities  having  a  population  of 
three  hundred  thousand  or  more,  as  ascertained  in  the  man- 
ner hereinbefore  provided,  each  deputy  state  supervisor, 
eighteen  hundred  dollars  and  the  clerk  twenty-five  hundred 
dollars.  In  counties  containing  cities  having  a  population 
of  seventy-five  thousand  and  less  than  three  hundred  thou- 
sand, each  deputy  state  supervisor,  fifteen  hundred  dollars 
and  the  clerk,  two  thousand  dollars. 

In  counties  containing  cities  having  a  population  of 
fifty  thousand  and  less  than  seventy-five  thousand,  each 
deputy  state  supervisor,  twelve  hundred  dollars  and  the 
clerk  fifteen  hundred  dollars. 

In  counties  containing  cities  having  a  population  of 
twenty-five  thousand  and  less  than  fifty  thousand,  each 
deputy  state  supervisor,  eleven  hundred  dollars,  and  the 
clerk  fourteen  hundred  dollars. 

In  all  other  counties  containing  such  registration  cities, 
each  deputy  state  supervisor,  three  hundred  dollars,  and 
the  clerk  four  hundred  dollars.     (107  0.  L.  684.) 

Section  4944.     The  registrars  of  each  election  precinct  compensation 
in  such  cities  shall  be  allowed  and  paid  for  their  services  as  cfeJk^and* °eg- 
registrars  four  doUars  per  day  and  no  more  for  not  more  istraw. 
than  six  days  at  any  one  election.     In  registration  cities 
having  a  population  of  three  hundred  thousand  or  more  by 
the  last  preceding  federal  census,  the  judges  of  election, 
including  the  registrars  as  judges  and  clerks  of  election, 
shall  each  be  allowed  and  paid  ten  dollars  for  each  general 
election  and  five  dollars  for  each  special  election,  at  which 
they  serve  and  no  more,  either  from  the  city  or  county.    In 
all  other  registration  cities,  the  judges  of  election,  including 
the  registrars  as  judges  and  clerks  of  election,  shall  each 
be  allowed  and  paid  eight  dollars  for  each  general  election 
and  five  dollars  for  each  special  election  at  which  they  serve 
and  no  more,  either  from  the  city  or  county.    No  registrar,   payment  upon 
judge  or  clerk  shall  be  entitled  to  the  compensation  so  fixed  order  of  board, 
except  upon  the  allowance  and  order  of  the  board  of  deputy 
state  supervisors  made  at  a  joint  session,  certifying  that 
each  has  fully  performed  his  duty  according  to  law  as  such, 
and  stating  the  number  of  days '  service  actually  performed 


82 


REGISTRATION  OF  ELECTORS. 


Chap.  5 


Expenses  other 
than  registration 
must  be  paid 
by  county. 


Registration 
epenses;  how 
paid. 


by  each.  Such  allowance  and  order  shall  be  certified  by  the 
chief  deputy  ajid  clerk  of  the  board  to  the  city  or  county 
auditor.     (107  0.  L.  690.)  . 

Section  4945.  For  November  elections  held  m  even- 
numbered  years,  the  county  in  which  such  city  is  located 
shall  pay  the  general  expenses  of  such  election  other  than 
the  expenses  of  registration.  Such  allowance  and  order 
of  the  board  for  such  expenses  and  compensation  to  such 
judges  and  clerks  of  elections  shall  be  certified  by  the  chief 
deputy  and  clerk  to  the  auditor  of  such  county,  who  shall 
issue  his  warrants  upon  the  county  treasury  for  the  amounts 
so  certified.     (R.  S.  Sec.  2926t.) 

Section  4946.  The  additional  compensation  of  mem- 
bers of  the  board  of  deputy  state  supervisors  and  of  its 
clerk  in  such  city  hereinbefore  specified,  the  lawful  com- 
pensation of  all  registrars  of  electors  in  such  city,  the 
necessary  cost  of  the  registers,  books,  blanks,  forms,  sta- 
tionery and  supplies  provided  by  the  board  for  the  purposes 
herein  authorized,  including  poll  books  for  special  elections, 
and  the  cost  of  the  rent,  furnishing  and  supplies  for  rooms 
hired  by  the  board  for  its  offices  and  as  places  for  registra- 
tion of  electors  and  the  holding  of  elections  in  such  city 
shall  be  paid  by  such  city  from  its  general  fund.  Such 
expense  shall  be  paid  by  the  treasurer  of  such  city  upon 
vouchers  of  the  board,  certified  by  its  chief  deputy  and 
clerk  and  the  warrant  of  the  city  auditor.  Each  such 
voucher  shall  specify  the  actual  services  rendered,  the  items 
of  supplies  furnished  and  the  price  of  rates  charged  in 
detail.     (103  v.  545.) 


REGISTRATION  UPON  ACTION  OF  COUNCIL. 


Council  of 
other  cities 
and  villages 
may  provide 
for  registra- 
tion. 


Section  4947.  The  council  of  any  city  or  village  in 
which  registration  is  not  now  required  by  law  may  provide 
for  a  general  registration  of  electors  in  the  several  wards 
or  precincts  thereof  in  the  manner  and  at  all  times  and 
on  the  days  provided  by  law  for  registration  in  cities  which 
have  quadrennial  registration.  When  the  council  so  pro- 
vides, no  person  shall  have  acquired  a  legal  residence  in 
any  ward  or  election  precinct  in  such  city  or  village  for 
the  purpose  of  voting  therein  at  any  general  or  special 
election,  nor  shall  he  be  permitted  to  vote  at  any  election 
therein  unless  he  shall  have  caused  himself  to  be  registered 
as  an  elector  in  such  w^ard  or  precinct  in  the  manner  and  at 
the  time  required  by  law  in  cities  which  have  quadrennial 
registration.     (98  vs.  279  §  1.) 


Note  : — The  compensation  of  judges  and  clerks  in  cities  vrhich  have  pro- 
vided for  registration  is  governed  by  section  4944,  the  latter  not  being  made 
applicable  to  villages.     Atty.  Gen.  11-18-08. 

In  cities  having  population  in  excess  of  11,800,  the  council  has  no  authority 
relating  to  registration.     Atty.  Gen.  8-4-09. 

Although  a  village  possess  an  ordinance  for  registration,  such  registration 
can  not  be  had  for  the  first  time  until  the  presidential  year. 


CHAPTER  6. 


PRIMARY  ELECTIONS. 


4948.  How   certain   words   and   phrases  con- 

strued. 

4949.  How  candidates  for  public  offices  shall 

be   nominated. 

4950.  rrovisions    for    nomination    of    candi- 

dates by  petition  not  repealed. 

4951.  These    provisions    shall    not    apply    to 

elective  ofHcers  of  townships  and 
municipalities  having  a  population 
less  than   2.000 ;   exception. 

4952.  Candidates    for    state    offices.    United 

States  senator  and  congressman  at 
large  nominated  by  direct  vote ;  filing 
declaration  of  candidacy  and  cer- 
tificate of  electors. 
4952-1.  Candidates  for  district  offices  shall  be 
nominated  by  direct  vote ;  how  per- 
son may  become  a  candidate ;  chief 
deputy  state  supervisor  shall  certify 
all  nominations  to  boards  of  deputy 
state  supervisors ;  certifying  results 
of  primary  election  and  nominations 
to  most  populous  county. 

4953.  Nomination    of    candidates    for    presi- 

dential elector  by  delegate  state  con- 
vention ;  time  of  holding  convention 
and  apportionment  of  delegates ; 
party  platform. 

4954.  Election  of  delegates  and  alternates  to 

national  convention  shall  be  by  direct 
vote ;  statement  of  candidate  as  to 
choice  for  president ;  name  of  first 
and  second  choice  shall  appear  on 
ballot. 

4955.  Presidential  preference  primary ;   nom- 

ination papers  for  candidates  how 
and  when  filed ;  names  of  candidates 
certified  by  state  supervisor  to  boards 
of  deputy  state  supervisors ;  separate 
tickets ;  form  of  ticket ;  canvass  of 
returns  by  state  supervisor. 

4956.  When    nominations   certified   to   boards 

of   deputy  state  supervisors. 

4959.  Controlling  committees   elected,  by  di- 

rect vote. 

4960.  State  central  committee ;  district  com- 

mittee ;  county  central  committee ; 
committeemen  chosen  by  direct  vote ; 
candidates  may  be  nominated  by  pe- 
tition ;  when  members  of  county  cen- 
tral committee  shall  act  as  district 
committee. 

4961.  Time  for  organization  for  committees. 

4962.  Terra  of  service;  vacancies. 


Sectio.n 

4963.  Time  of  holding  primaries  for  state, 
district  and  county  candidates ;  time 
of  holding  primaries  for  township 
and  municipal  candidates;  nomination 
of  U.   S.  senator. 

How  primary  for  special  election 
called. 

Powibrs  and  duties  of  boards  of  deputy 
state  supervisors. 

Nomination  for  offices  not  heretofore 
provided  for;  declaration  of  candi- 
dacy. 

Nomination  of  candidates  where  dis- 
trict situated  In  more  than  one 
county ;  returns  in  such  cases. 

What  names  to  be  printed  on  ballot ; 
form  of  declaration  of  candidacy ; 
form  of  certificate  of  electors. 

Fee   required   and   where  paid. 

Form  prescribed  must  be  used. 

Number  of  nomination  papers  each 
signer  may  sign. 

Declaration — what   it  shall  contain. 

How  protests  shall  be  made;  papers 
shall  not  be  rejected  for  technical 
defects. 

Provisions   as  to  registration. 

Separate  tickets. 

Election,   how   conducted. 

Challengers  and  witnesses. 

Unlawful  to  exhibit  ticket  within  one 
hundred  feet. 

Who  may  vote ;  causes  of  challenge. 

Oath. 

Vote  rejected,  when. 

Canvas  of  vote. 

Canvass   of  vote  and  certifying   result 
by  deputy  state  supervisors. 
4984-1.    Per  cent  of  ballots  written  on  required 
to    nominate    at    primary    where    no 
nominating  petition  is  filed. 

Names  of  nominees  must  be  placed 
upon   ballot. 

Certificates  of  election  to  delegates  and 
alternates. 

Certificates  of  election  to  members  of 
committee;  list  of  committeemen  filed 
In  office  of  state  supervisor. 

How  results  detennlned  In  case  of  tie 
vote. 

Vacancies,  how  filled. 

Compensation  of  election  officers. 

Expenses,  how  apportioned  and  paid. 

Party  platform,  when  and  by  whom 
framed. 


4964. 
4967. 


4969. 


4969-1. 


4970. 


4970-1. 

4971. 

4972. 

4973. 
4974. 


4975. 
4976. 
4977. 
4978. 


4980. 
4981. 
4982. 
4983. 


4985. 
4986. 


4987, 


4988. 

4989. 
4990. 
4991. 
4991-1 


St  rued. 


Section  4948.  Unless  inconsistent  with  the  context,  JJ^rVlnS^'' 
the  words  and  phrases  in  this  chapter  shall  be  construed  phrases  con- 
as  lollows  : 

The  word  "primary",  the  primary  election  provided 
for  in  this  chapter,  to  nominate  candidates  to  be  voted  for 
at  the  ensuing  election. 

The  words  "November  election",  the  election  held  on 
the  first  Tuesday  after  the  first  Monday  in  November,  in 
any  year. 

The  w^ords  "general  election",  the  November  election 
in  the  years  when  state  and  county  oflficers  are  to  be  elected. 

The  word  "precinct",  a  district  established  by  author- 
ity of  law  within  which  all  qualified  electors  vote  at  one 
polling  place. 

(83) 


S4 


PRIMARY  ELECTIONS. 


Chap.  6 


How  candi- 
dates for  pub- 
lic offices  shall 
be  nominated. 


ProTisioni  for 
nomination   of 
candidates  by 
petition  not 
repealed. 


These  proTisions 
shall  not  apply 
io  elective  <)fflce« 
of  townships 
or  municipali- 
ties Jxavinp  a 
popuiafcm  less 
than  2,000. 


The  word  ''district",  any  election  district,  circuit  or 
other  subdivision  of  the  state  comprising  more  than  one 
county  or  part  of  county  within  which  an  officer  or  officers 
are  to  be  elected.     (99  v.  214  §  1.) 

Note-— The  nomination  of  party  candidates  for  public  office  concerns  the 
public  welfare  and  the  legislature  in  the  exercise  of  the  police  power  may  make 
reasonable  regulations  therefor.    State  ex  rel.  Webber  v.  Felton,  77  0.  S.  554. 

Section  4949.  Candidates  for  member  of  the  senate 
and  house  of  representatives  in  the  congress  of  the  United 
States  and  for  all  elective  state,  district,  county  and  mu- 
nicipal offices,  delegates  and  alternates  to  national  and  state 
conventions  and  members  of  the  controlling  committees  of 
all  voluntary  political  parties  or  associations  in  this  state 
which  at  the  next  preceding  general  election  polled  for  its 
candidate  for  governor  in  the  state  or  any  district,  county 
or  subdivision  thereof,  or  municipality,  at  least  ten  per  cent 
of  the  entire  vote  cast  therein  for  governor,  shall  be  nomi- 
nated or  selected  in  such  state,  district,  subdivision  or  mu- 
nicipality, in  accordance  with  the  provisions  of  this  chapter, 
and  persons  not  so  nominated  shall  not  be  considered  can- 
didates and  their  names  shall  not  be  printed  on  the  official 
ballots,  nor  shall  delegates  or  alternates  to  such  conventions, 
or  party  controlling  committees  whose  members  have  not 
been  so  selected,  be  recognized  by  any  board  or  officer. 
(104  V.  9.) 

Note: — All  political  parties  in  any  political  division  named  in  this  section, 
which,  at  the  last  general  election  cast  ten  per  cent,  or  more  of  the  entire  vote 
in  that  political  division  must  make  t^eir  nominations  according  to  this  primary 
election  law.    Atty.  Gen.  3-24-1909. 

The  primary  election  law  contains  no  provision  for  notice  to  be  given  to  elec- 
tors, either  of  the  holding  of  county  primaries,  or  of  primaries  to  nominate  can- 
didates for  township  or  municipal  officers  or  members  of  the  school  board.  Atty. 
Gen.  7-26-1909. 

If  in  any  political  division  a  political  party  has  cast  more  than  ten  per  cent, 
of  the  votes  cast  in  such  subdivision  then  its  nominations  within  and  for  such  sub- 
division must  be  made  under  the  provisions  of  the  compulsory  primary  law.  The 
duty  of  a  political  party  under  said  primary  law  is  determined  by  its  vote  in  the 
political  subdivision.    Atty.  Gen.  4-28-1910. 

Section  4950.  Nothing  in  this  chapter  shall  repeal 
the  provisions  of  law  relating  to  the  nomination  of  candi- 
dates for  office  by  petition,  and  no  elector  shall  be  disquali- 
fied from  signing  a  petition  for  such  nomination  of  candi- 
dates for  office  by  petition,  because  such  elector  voted  at  a 
primary  provided  for  herein  to  nominate  candidates  to  be 
voted  for  at  the  same  election  or  because  such  elector  signed 
nomination  papers  for  such  primary.     (103  v.  476.) 

Section  4951.  The  provisions  of  this  chapter  shall 
not  extend  nor  be  applicable  to  the  nomination  of  candidates 
for  township  offices  or  for  the  elective  offices  of  any  munici- 
pality which  has  less  than  two  thousand  population  as 
ascertained  by  the  federal  census  next  preceding  such  nomi- 
nations unless  the  voters  of  such  township  or  municipality 
shall  so  petition  the  board  of  deputy  state  supervisors  of 
elections,  which  petition  shall  be  filed  at  least  ninety  days 
before  the  regular  date  for  holding  the  primary  to  nomi- 
nate the  officers  mentioned  in  this  sec  don  and  shall  be 


Ghap.    6  PRIMARY  ELECTIONS.  S6 

signed  by  qualified  electors  of  such  township  or  municipality 
equalling  in  number  at  least  a  majority  of  votes  cast  in 
such  township  or  municipality  at  the  last  general  election  ^ 

therein.     In  the  event  that  such  petition  is  filed  then  all  Exception, 
nominations  of  party  candidates  in  such  township  or  mu- 
nicipality shall  be  made  as  in  this  chapter  provided.     (103 
V.  476.) 

Primary  elections  may  not  be  held  for  the  nomination  of  township  officers 
unless  petitioned  for  by  a  majority  of  electors  of  such  township.  Atty.  Gen. 
4-30-15. 

Section   4952.     Candidates   for  state   offices,    United  ?*"?'?*V\'  '"^ 

,  1  -I     11   1  •  1    state  oinces,  U. 

btates  senator  and  congressman-at-large  shall  be  nominated  s.  senator  and 
by  direct  vote  of  the  people  in  the  manner  following :  Each  atS?Tom- 
person  so  desiring  to  become  a  candidate  for  an  office  above  ^"jj^  ^^^^ 
enumerated    shall    not   less   than    sixty    days    before    the 
date  of  the  primary  election  at  which  such  nominations  Declaration  of 
are  to  be  made,  file  with  the  state  supervisor  of  elections  a  5tJJ2,^f*ttoe*^Sf 
declaration  of  candidacy  signed  and  acknowledged  and  cer-  fliinK-  fee. 
tified  to  by  a  certificate  of  five  electors  of  the  state  who  are 
members  of  the  political  party  to  which  such  candidate  be- 
longs, and  shall  pay  to  such  state  supervisor  the  proper  fee. 

Section  4952-1.     Candidates  for  district  offices  where  ^t^rMlmJs'' 
such  district  includes  more  than  one  county,  which  shall  in-  nominated  by 
elude  all  candidates  for  member  of  the  house  of  representa-  ^^^^^  ^°**' 
tives  in  the  congress  of  the  United  States,  other  than  con- 
gressman-at-large, shall  be  nominated  by  the  direct  vote  of 
the  people  in  the  manner  following:    Each  person  desiring  Ja^ndwacy? con- 
to  become  a  candidate  for  election  to  such  office  in  this  state  tents :  time  and 
shall   not  less   than   sixty   days  before  the   date   of  the  ?jjf*  °'  *'"°'^' 
primary  election  fixed  by  law  to  be  held  in  even  numbered 
years,  file  with  the  clerk  of  the  board  of  deputy  state  super- 
visors of  elections  of  the  county  in  which  such  candidate  re- 
sides, a  declaration  of  candidacy  signed  and  acknowledged 
and  certified  to  by  a  certificate  of  five  electors  of  the  dis- 
trict who  are  members  of  the  political  party  to  which  such 
candidate  belongs,  and  shall  pay  the  clerk  the  proper  fee. 
Whereupon,  except  where  such  candidate  resides  in  the 
most  populous  county  in  the  district,  such  clerk  shall  cer- 
tify the  declaration  of  candidacy  and  certificate  to  the  clerk 
of  the  board  of  deputy  state  supervisors  of  elections  of  the 
most  populous  county  of  the  district,,  and  cover  the  fee  so 
paid  into  the  county  treasury  of  the  county  in  which  such 
candidate  resides.     Not  less  than  forty  days  before  such 
primary  said  clerk  shall  certify  all  nominations  so  certified  Time  of  "rtify-^ 
to  him*  or  filed  in  his  office,  to  the  boards  of  deputy  state  IS^bojrdlff  m"st 
supendsors  of  each  county  in  such  district  who  shall  enter  populous  county, 
the  names  so  certified  on  the  proper  ballots  to  be  used  at 
the  primary.     Such  boards  of  deputy  state  supervisors  shall 
certify  the  results  of  the  primary  election  on  such  candi-  ^^j'J^^V'ph-' 
dates  to  the  board  of  deputy  state  supervisors  of  elections  '"»'^^®^^"Xua 
of  such  most  populous  county  in  the  manner  provided  under  comity.  ^*^^"  °"* 
the  general  election  laws,  which  board  shall  ascertain  and 
declare  the  results  and  shall,  not  less  than  forty  days  be- 


86 


PRIMAEY  ELECTIONS. 


Chap.  6 


Time  of  certify- 
ing nominations 
by  board  of 
most  populous 
county. 


Nomination  of 
candidates  for 
presidential 
elector  by  dele- 
gate state  con- 
vention. 

Time  of  holding 
convention  and 
apportionment  of 
delegates. 


Party  platfonn. 


Election  of  dele- 
gates and  alter- 
nates to  national 
convention. 


Declaration  of 
candidacy  and 
certificate ; 
statement  in 
writing  as   to 
choice  of  presi- 
dential can- 
didates. 


Name  of  first 
and  second 
choice  shall  ap- 
pear on  ballot. 


tore  tlie  November  election,  certify  all  such  nominations  so 
made  to  the  boards  of  deputy  state  supervisors  of  the  coun- 
ties comprising  the  district  who  shall  cause  the  same  to  be 
printed  on  the  proper  tickets  as  provided  by  law. 

Under  the  existing  law  providing  for  primary  elections  a  voter  who  is  affili- 
ated with  one  party  can  not  be  nominated  at  such  primary  as  a  candidate  for 
office  upon  a  ticket  of  any  other  party.     State,  ex  rel..  v.  Graves,  91  O.  S    36. 

A  court  win  not  compel  a  board  of  deputy  state  supervisors  to  hear  and 
determine  objections  to  the  nomination  of  candidates  for  office,  the  determination 
of  which  requires  a  recount  of  the  ballots  cast  at  the  primary  election,  where  the 
WTitten  objections  are  filed  after  the  time  fixed  by  statute  for  the  destruction  of 
these  ballots.    State,  ex  rel..  v.  Swan,  91  0.  S,  61. 

Section  4953.  Candidates  for  presidential  elector 
shall  be  nominated  by  delegate  state  conventions,  the  dele- 
gates to  which  shall  be  chosen  at  a  primary  election  which 
shall  be  held  on  the  last  Tuesday  in  April,  1916,  and  simi- 
larly every  fourth  year  thereafter.  The  state  committee  of 
each  political  party  shall  determine  the  time  and  place  for 
holding  the  state  convention  of  such  party  and  shall  appor- 
tion the  delegates  and  alternates  throughout  the  state  in 
proportion  to  its  party  vote  for  governor  cast  in  the  several 
counties  at  the  last  preceding  general  election.  Each  state 
committee  shall  also  by  resolution  determine  the  ratio  of 
representation  in  such  state  convention.  In  addition  to 
nominating  candidates  for  presidential  elector  such  state 
convention  shall  formulate  the  state  party  platform  for  that 
year.     (103  v.  478.) 

Section  4954.  At  the  primary  election  which  shall  be 
held  on  the  last  Tuesday  in  April  in  the  year  1916,  and 
similarly  in  every  fourth  year  thereafter,  delegates  and  al- 
ternates-at-large  to  the  national  conventions  of  the  different 
political  parties  shall  be  chosen  by  direct  vote  of  the  elec- 
tors in  the  manner  prescribed  in  this  chapter  for  the  nom- 
ination of  candidates  for  state  offices,  and  candidates  for 
election  as  delegates  and  alternates  to  such  conventions 
from  districts  within  the  state  shall  be  chosen  by  direct 
vote  of  the  electors  in  the  manner  prescribed  in  this  chapter 
for  the  nomination  of  candidates  for  district  offices.  Each 
person  seeking  to  be  elected  as  delegate  or  alternate  to  such 
national  convention  shall  file  with  his  declaration  of  can- 
didacy and  certificate,  a  statement  in  writing  signed  by 
him  in  which  he  shall  state  his  first  and  second  choice  for 
nomination  as  candidate  of  his  party  for  the  presidency 
of  the  United  States  and  the  state  supervisor  of  elections 
shall  not  permit  any  declaration  of  candidacy  and  cer- 
tificate of  a  candidate  for  election  as  such  delegate  or  alter- 
nate to  be  filed  unless  accompanied  by  such  statement  in 
writing;  providing  always,  however,  that  the  name  of  no 
candidate  for  the  presidency  shall  be  so  used  without  his 
written  consent.  The  name  of  such  first  and  second  choice 
for  nomination  as  candidate  for  the  presidency  of  each 
candidate  for  election  as  such  delegate  or  alternate  shall 
be  printed  and  appear  on  the  primary  ballots  immediately 
below  the  name  of  such  candidate  in  such  a  way  as  to 
clearly  disclose  the  preference  of  each  candidate.       Each 


Chap.    6  PRIMARY  ELECTIONS.  87 

candidate  for  election  as  such  delegate  or  alternate  may 
also  file  along  with  his  declaration  of  candidacy  and  cer- 
tificate a  statement  in  writing  signed  by  him  in  the  follow- 
ing form  : 

Statement  of  candidate  for  election 

/I,  .X  Form  of  slate- 

( alternate}  ment  of  can- 

as  (delegate)  to  the  (here  insert  name  of  political  party)    *^"^**®" 
national  convention. 

I  hereby  declare  to  the  voters  of  my  political  party  in 

(alternate) 
the  state  of  Ohio  that,  if  elected  as  (delegate)  to  their  na- 
tional party  convention,  I  shall,  to  the  best  of  my  judg- 
ment and  ability,  support  that  candidate  for  president  of 
the  United  States  who  shall  have  been  selected  at  this 
primary  by  the  voters  of  my  party  in  the  manner  provided 
in  this  chapter  as  their  candidate  for  such  office. 


(alternate) 
For  signature  of  candidate  for  (delegate) 
(106  V.  543.) 

Section  4955.     At  a  primary  election  which  shall  be  Presidential 
held  on  the  last  Tuesday  in  April  in  the  year  1916  and  sim-  ?rfmYry.^^ 
ilarly  in  every  fourth  year  thereafter  the  qualified  voters  of 
the  several  political  parties  shall  be  given  an  opportunity, 
on  separate  party  ballots  provided  for  that  purpose  and 
apart  from  those  for  other  offices,  to  express  their  preference 
as  to  the  nominees  for  their  respective  parties  for  president 
and  vice-president  of  the  United  States  in  the  following  Nomination 
manner:     Nomination  papers  for  each  candidate  for  nom-  ami^he^^flied. 
ination  for  president  or  vice-president  may  be  filed  in  the 
same  manner  as  for  candidates  for  a  state  office,  except  that 
any  such  candidate  may  designate  any  duly  qualified  elec- 
tor of  the  state  who  is  a  member  of  the  same  political  party,  Declaration  of 
/IS  his  representative,  who  may  sign  tlie  declaration  herein  ^^"^'*^^^y- 
provided  for,  in  w^iich  case  such  candidate  for  nomination 
as  president  or  vice-president  shall  not  be  required  to  sign 
or  file  any  petition,  affidavit,  declaration,  statement  or  paper 
of  any  kind  to  get  his  name  upon  the  ballot  at  such  primary. 
Any  candidate  for  nomination  for  the  office  of  president  or 
vice-president,  may  on  or  before  the  forty-fifth  day  before  withdrawal  of 
the  date  of  such  primary,  withdraw  his  name  as  a  candi-  Sidate.*^  *^*" 
date  for  such  office  and  notify  the  state  supervisor  of  elec- 
tions that  he  is  not  a  candidate  for  such  nomination  and 
that  he  does  not  wish  his  name  to  be  printed  upon  the  ballot 
for  such  election,  in  which  event  said  state  supervisor  shall 
not  cause  nor  permit  such  name  to  be  or  appear  on  such  Names  of  can- 
ballot.     Not  less  than  forty  days  before  the  primary  the  cenm'ld^to"  ^^ 
state  supervisor  of  elections  shall  certify  the  names  of  all  gujej^jgo^**® 
candidates  for  such  nominations  which  have  been  duly  pre- 
sented and  not  withdrawn,  to  the  boards  of  deputy  state 
supervisors  of  the  several  counties  in  the  state  who  shall 
enter  such  names  on  a  separate  ballot  from  that  containing 
the  names  of  candidates  for  other  nominations.     Separate 
tickets  shall  be  provided  for  each  political  party  on  which 


S8 


PRIMARY  ELECTIONS. 


ihap.  6 


Separate  ticketo 
for  each  political 
party;  form  of 
kallot. 


Refipult  of  rete 
certified  to  state 
superTtsor. 


CanraM  of  re- 
turns aad  certifi- 
cation of  result. 


When  nomlDA- 
tlona  certified 
to  boards  of 
deputy  state 
superTlaors. 


Controlling 
committees 
elected  by 
direct  vote. 


State  central 
committee — 
one  member 
from  each 
congressional 
district. 

District  commit- 
tee— the  chair- 
man of  each  of 
the  ereveral 
county  central 
committees. 

County  central 
committee — 
one  member  from 
each  precinct,  or 
from  each  WArd 
and  township. 

Committeemen 
shall  be  chosen 
by  direct  Tot«. 
How  candidates 
shall  be  nom- 
inated. 


the  names  of  the  candidates  of  such  party  shall  be  printed. 
Such  tickets  shall  conform,  as  nearly  as  practicable,  to  the 
form  of  the  ballot  provided  in  this  title  for  the  nomina- 
tion of  candidates  for  state  offices.  At  the  head  of  each 
ticket  there  shall  be  printed  the  words  ''Presidential  Prefer- 
ence Ticket."  The  ballots  voted  at  such  election  shall  be 
deposited  in  separate  ballot  boxes  and  shall  be  counted  and 
the  result  of  the  vote  thereon  certified  by  the  boards  of 
deputy  state  supervisors  of  elections  of  the  several  counties 
of  the  state  to  the  state  supervisor  of  elections  in  the  man- 
ner provided  for  certifying  the  returns  of  the  vote  at  such 
primary  for  candidates  for  the  nomination  as  state  officers. 
Such  state  supervisor  shall  canvass  these  returns  in  the 
manner  provided  by  law  for  canvassing  the  returns  in  the 
case  of  candidates  for  nomination  as  state  officers  and  shall 
forthwith  certify  the  results  of  such  canvass  as  regards  the 
candidates  for  nomination  in  each  political  party  to  the 
persons  chosen  as  delegates  or  alternates  to  the  national 
convention  of  such  party.     (106  v.  545.) 

Section  4956.  Not  less  than  forty  days  before  the 
date  of  any  primary  election  the  state  supervisor  of  elec- 
tions shall  certify  to  the  several  proper  boards  of  deputy 
state  supervisors  the  nominations  filed  with  him  together 
with  forms  of  official  ballots  for  the  use  of  each  board  and 
such  boards  shall  cause  all  such  nominations  to  be  entered 
on  the  proper  primary  ballots  in  their  respective  counties. 
(103  V.  480.) 

Section  4959.  All  members  of  controlling  committees 
of  political  parties  shall  be  elected,  by  direct  vote,  except 
as  otherwise  provided  herein.  Their  names  shall  be  placed 
upon  the  official  baUot  as  hereinafter  provided.  The  per- 
son receiving  the  highest  number  of  votes  for  committee- 
man shall  be  the  member  of  such  controlling  committee. 
(103  V.  480.) 

Section  4960.  The  controlling  committees  of  each  vol- 
untary political  party  or  organization  shall  be  a  state  cen- 
tral committee,  consisting  of  one  member  from  each  con- 
gressional district  in  the  state;  a  district  committee  for 
each  district  in  the  state,  including  congressional  districts, 
which  shall  consist  of  the  chairman  of  the  county  central 
committees  of  the  several  counties  composing  such  district ; 
a  county  central  committee,  consisting  of  one  member  from 
each  precinct  in  the  county,  or  of  one  member  from  each 
ward  and  township  in  the  county  as  the  outgoing  commit- 
tee may  determine,  and  the  members  of  the  central  commit- 
tee chosen  from  a  city  shall  constitute  a  city  committee.  All 
of  the  members  of  such  committee  shall  be  chosen  by  direct 
vote  at  the  primary  held  in  the  even  numbered  years.  Can- 
didates for  election  as  state  central  committeemen  may  be 
nominated  in  the  same  manner  as  is  herein  provided  for 
the  nomination  at  primaries  of  candidates  for  district  offices 
and  candidates  for  election  as  members  of  the  county  cen- 
tral committee  may  be  nominated  in  the  manner  provided 
in  section  4969  of  the  General  Code.  Existing  state,  dis- 
trict, county  and  city  committees  shall  continue  to  act  and 


Chap.  6 


PRIMARY  ELECTIONS. 


89 


Term  of  servJc* ; 
raeandes. 


be  recognized  as  such,  until  their  succesvsors  are  chosen  as 

herein  provided.     Where  a  judicial  subdivision  or  district  when  county 

or  congressional  district  is  included  within  a  county,  the  miuee^hin' 

members  of  the  county  central  committee  who  are  residents  "^^^Stf  ^^^'^^ 

of  such  district  shall  also  act  as  the  judicial  or  congressional  *^°™"   ***' 
committee.     (106  v.  544.) 

Section  4961.     Within  fifteen  days  after  their  selec-  Time  for  or- 
tion  all  such  state  and  county  central  committees  shall  meet  commute^!."' 
and  organize  by  the  election  of  a  chairman  and  secretary, 
and  shall  elect  an  executive  committee.     (103  v.  480.) 

Section  4962.  All  party  controlling  committees,  the 
selection  of  which  is  herein  provided  for,  shall  serve  for 
two  years  and  until  their  successors  are  selected.  In  case 
of  vacancies  caused  by  death,  resignation  or  removal  from 
the  territory  from  which  the  committeeman  was  chosen,  the 
committee  of  which  he  was  a  member  shall  fill  the  vacancy 
by  majority  vote.    (99  v.  217  §  10.) 

Section  4963.  Primaries  under  this  chapter  to  nom- 
nate  candidates  for  members  of  the  house  of  representatives 
in  the  congress  of  the  United  States,  and  for  all  elective 
state,  district  and  county  offices,  and  to  select  committeemen, 
shall  be  held  in  each  county  at  the  usual  polling  places  on 
the  second  Tuesday  in  August  of  the  even  numbered  years ; 
and  primaries  under  this  chapter  to  nominate  candidates 
for  township  and  municipal  offices,  justices  of  the  peace  and 
members  of  boards  of  education  shall  be  held  in  each  county 
at.  the  usual  polling  places  on  the  second  Tuesday  in  August 
of  the  odd  numbered  years:  Provided,  however,  that  in  a 
municipality  organized  under  any  of  the  provisions  of  sec- 
tions 3515-1  to  3515-71,  both  inclusive,  of  the  General  Code 
and  in  townships  lying  wholly  within  and  the  boundaries 
of  which  are  co-extensive  with  the  boundaries  of  such  mu- 
nicipality, primaries  under  this  chapter  to  nominate  candi- 
dates for  all  offices  not  provided  for  in  the  plan  of  govern- 
ment under  which  such  municipality  is  organized  shall  be 
held  in  such  municipality  at  the  usual  polling  places  on  the 
same  day  on  which  primary  elections  are  held  to  nominate 
the  officers  of  such  municipality  provided  for  in  its  plan  of 
government.  Primaries  to  nominate  candidates  for  United 
States  senator  shall  be  held  on  the  second  Tuesday  in  Au- 
gust of  the  years  in  which  such  senators  are  to  be  elected. 
(107  0.  L.  400.) 

Section  4964.  When  a  call  is  issued  for  a  special 
election,  except  as  otherwise  provided  by  law,  the  date  of 
the  primary  shall  be  fixed  at  the  same  time  and  in  the 
same  manner  by  the  authority  calling  such  special  election, 
which  primary  shall  be  held  at  least  two  weeks  prior  to  the 
time  fixed  for  such  special  election.  Declarations  of  can- 
didacy and  certificates  for  such  primary  shall  be  filed  and 
fees  shall  be  paid  at  least  ten  days  before  the  date  of  hold- 
ing the  same  and  such  election  shall  be  called  so  as  to  allow 
at  least  five  days  for  preparing  and  filing  such  nominatioii 
papers. 


Time  of  holding 
primaries  for 
state,  district 
and  county 
candidates. 


Primaries  for 
township   and 
municipal  can- 
didates. 


Primaries  in 
municipalities 
under  optional 
plan  of  eoT- 
emment. 


Primaries  for 
nomination  of 
U.  S.  senator. 


Primary  for 
special  election 
how  fixed. 


Declaration  of 
candidacy :   time 
of;  fe«. 


90 


Special  election 
for   senator  or 
representative ; 
nomination  of 
candidates. 


PRIMARY  ELECTIONS. 


Chap.  6 


rowers  and 
duties}  of 
boards  of  deputy 
state  super- 
visors. 


Nominations 
for  oflSces   not 
heretofore 
provided  for, 

Deqlaration  of 
candidacy :  date 
of  filing ;  fee. 


Section  4964-1.  When  a  special  election  is  called  for 
senator  or  representative  in  the  general  assembly,  following 
a  date  sixty  days  prior  to  the  primary  election  in  August  in 
any  year,  nominations  may  be  made  to  fill  such  vacancy  by 
petition  as  required  by  law,  but  candidates  of  a  voluntary 
political  party  shall  be  chosen  by  petition  bearing  only  the 
signatures  of  a  majority  or  all  of  the  members  of  the  con- 
trolling committee  or  committees  of  such  party;  and  the 
candidate  whose  petition  bears  the  signature  of  a  majority 
of  the  members  of  such  controlling  committee  or  commit- 
tees shall  be  declared  the  nominee  of  such  party  and  his 
name  shall  be  placed  on  the  ballot  of  such  party  as  provided 
by  law  in  the  case  of  a  person  regularly  nominated  at  a 
primary  election  for  such  office. 

Section  4967.  County  boards  of  deputy  state  super- 
visors of  elections  shall  have  all  the  powers  granted  and 
perform  all  the  duties  imposed  by  the  laws  governing  gen- 
eral elections,  including  furnishing  materials  and  supplies, 
printing  and  distributing  ballots,  providing  voting  places, 
protecting  electors,  guarding  the  secrecy  of  the  ballot,  and 
making  rules  and  regulations  not  inconsistent  with  law,  for 
the  guidance  of  election  officers.  All  statutory  provisions 
relating  to  general  elections,  including  the  requirement  that 
part  of  such  election  day  shall  be  a  legal  holiday,  shall, 
so  far  as  applicable,  apply  to  and  govern  primary  elections. 
(103  V.  481.) 

Section  4969.  All  nominations  for  offices  or  places  on 
the  primary  ballot  other  than  those  heretofore  provided  for 
shall  be  made  by  the  payment  of  the  proper  fees  and  by 
the  filing  of  declarations  of  candidacy  and  certificates, 
which  shall  be  filed  with  the  board  of  deputy  state  super- 
visors at  least  sixty  days  before  the  day  for  holding  the 
primary  election.  Such  declarations  of  candidacy  shall  be 
signed  and  acknowledged  by  the  person  desiring  to  become 
a  candidate  and  shall  be  accompanied  by  the  certificate  of 
five  electors  of  the  county,  municipality,  precinct,  ward  or 
other  political  subdivision  for  w^hich  such  nomination  is  to 
be  made  and  shall  be  in  the  form  hereinafter  provided. 

Where  the  term  "nomination  paper"  or  "nominating 
petition ' '  is  used  in  this  chapter  it  shall  be  held  to  include 
"declaration  of  candidacy"  and  any  other  paper  required 
by  law  to  be  filed  by  a  person  seeking  to  become  a  candi- 
date at  a  primary  election. 


A  court  will  not  compel  a  board  of  deputy  state  supervisors  to  hear  and 
determine  objections  to  the  nomination  of  candidates  for  office,  the  determina- 
tion of  which  requires  a  recount  of  the  ballots  cast  at  the  primary  election, 
where  the  written  objections  are  filed  after  the  time  fixed  by  statute  for  the 
destruction  of  these  ballots.      State,   ex  rel.,  v.  iSwan,   91  O.   S.   61. 

A  nominating  petition  of  one  seeking  to  qualify  as  a  candidate  in  an  election 
to  be  held  on  November  2d  may  be  filed  as  late  as  September  3d.  State,  ex 
rel.,  V.  Board  of  Deputy  State  Supervisors,  93  0.  S.  14. 

Under  the  provisions  of  this  section  the  period  for  filing  nomination  petitions 
does  not  expire  until  the  end  of  the  sixtieth  day  previous  to  the  day  of  election, 
and  it  is  the  duty  of  the  board  of  deputy  state  supervisors  of  elections'  to  pro- 
vide opportunity  for  the  presentation  of  the  petitions  up  to  midnight  of  that  day. 
State,  ex  rel.,  v.  Board  of  Deputy  State  Supervisors,  93  0.  S.   14. 

Where  a  statute  requires  that  an  act  be  performed  a  fixed  number  of  days 
previous  to  a  specified  day,  the  last  day  should  be  excluded  and  the  first  day 
included  in  making  the  computation.  State,  ex  rel.,  v.  Board  of  Deputy  State 
Supervisors,  93  0.  S.  14. 


chap.  6 


PRIMARY  ELECTIONS. 


91 


Section  4969-1.  In  case  of  declarations  of  candidacy 
for  candidates  for  public  office  in  a  municipality  or  school 
district  situated  in  more  than  one  county,  such  declarations 
shall  be  filed  as  above  limited  with  the  board  of  deputy 
state  supervisors  of  tlie  county  containing  the  majority 
population  of  such  municipality  or  school  district,  which 
board  shall  certify  the  same  forthwith  to  the  board  or 
boards  of  the  county  or  counties  containing  the  other  parts 
of  such  municipality  or  school  district.  When  a  fee  is  re- 
quired such  fee  shall  be  paid  into  the  treasury  of  the 
county  in  which  such  declaration  of  candidacy  is  filed. 
When  such  board  or  boards  of  the  county  or  counties  con- 
taining the  other  part  or  parts  of  such  municipality  or  dis- 
trict shall  have  canvassed  the  returns  of  the  primary  in 
such  municipality  or  district  received  by  them  they  shall 
certify  the  result  to  the  board  of  the  county  containing 
such  majority  population  which  board  shall  ascertain  and 
declare  the  result  of  the  primary  and  shall  forthwith  cer- 
tify the  name  or  names  of  the  successful  candidate  or  can- 
didates to  the  boards  of  such  other  counties  to  be  placed  on 
the  official  ballot  at  the  election.     (106  v.  545.) 

Section  4970.  The  name  of  no  candidate  for  office  or 
for  committeeman  or  delegate  or  alternate  shall  be  printed 
upon  an  official  ballot  used  at  any  primary  unless  prior  to 
the  beginning  of  the  period  limited  by  law,  a  declaration  of 
candidacy  and  certificate  shall  have  been  filed  with  the  state 
supervisor  of  elections  or  with  the  board  of  deputy  state 
supervisors  in  his  behalf  in  substantially  the  following 
form : 


Nominations 
where   district 
situated  in  more 
than  one  county. 

Declaration  of 
candld.icy ;  time 
and  place  of 
fllinK ,  fee  and 
where  paid. 


Canvassing  re- 
turns and  cer- 
tifying results  in 
such   caseij. 


What  names 
shall  be  printed 
on  the  ballot. 


DECLARATION  OF  CANDIDACY  FOR  THE  OFFICE 

OF  PRESIDENT  OR  VICE-i'RESIDENT  OF 

THE  UNITED  STATES. 


I, hereby  declare  that  I  am  a  Forms  of  dec- 
resident  of  the  state  of and  a  qualified  camiidacy. 

elector  of  such  state.     I  am  a  member  of  the 

party  and  am  a  candidate  for  nomination  to  the  office  of 

subject  to  the  action  of  the  national 

convention  of  such  party,  to  which  delegates  will  be  elected 

in  the  state  of at  a  primary  to  be  held  on 

the  day  of 19. ...     I 

hereby  request  that  my  name  be  printed  on  the  official 
primary  ballot  as  provided  by  law  as  a  candidate  of  the 

party,  and  further  declare  that  if 

nominated  and  elected,  I  will  qualify  as 

and    will    support    and    abide    by    the    principles    of   the 

party  as  adopted  and  declared  in  its 

national  platform. 

Dated  this day  of 19. . .. 


Witnessed  by 


Signature  of  candidate  or 

authorized  representative. 


^  PRIMABT  ELECTIONS.  Qhap.    6 

DECLARATION     OF     CANDIDACY     FOR     OFFICE 
OTHER  THAN  THAT  OF  PRESIDENT  OR  VICE- 
PRESIDENT  OF  THE  UNITED  STATES. 

I,  / hereby  declare  that  I  reside  at  No. 

street,  in  the of 

(or  in  precinct township)  county  of 

Ohio,  and  am  a  qualified  elector 

therein.     I  am  a  member  of  the party 

and  intend  to  vote  for  a  majority  of  the  candidates  of  such 
party  at  the  coming  election.  At  the  last  general  election 
(did  not  vote) 

(I  voted  for  a  majority  of  the  candidates  of  such  party 
at  such  election).       I  hereby  declare  myself  a  candidate 

for  nomination  to  the  office  of to 

be  made  at  the  primary  election  to  be  held  on  the 

day  of ,19 ,  and  hereby  request  that 

my  name  be  printed  upon  the  official  primary  ballot  as  pro- 
vided by  law  as  a  candidate  of  the 

party. 

I  further  declare  that,  if  nominated  and  elected,  I  will 

qualify  as and  that  I  will  support  and 

abide  by  the  principles  enumerated  by  the 

party  in  its  national  platform  and  in  its  platform  in  this 
state  adopted  during  the  present  year. 

Dated  this day  of 19 


Signature  of  candidate. 

The  State  of  Ohio,  County  of ss. 

Personally   appeared   before   me    the   undersigned    a 

in  and  for  said  county,  this 

day  of A.  D.  19 . . . . ,  the  above  named 

,  who  acknowledged  the  signing 

of  the  above  declaration  to  be  his  free  act  and  deed  and 
that  the  statements  made  therein  were  true  as»  he  verily 
believed. 

Witness  my  hand  and  official  seal 

on  the  day  and  year  last  aforesaid 

CERTIFICATE  OF  FIVE  ELECTORS  WHICH  SHALL 

BE  FILED  WITH  EACH  DECLARATION 

OF  CANDIDACY. 

oreiectow  ^^'  ^^^  undersigned,  qualified  electors  of  the  state  of 

Ohio,  and  of  the  county,  city,  township,  ward  and  precinct 

set  opposite  our  names,  and  members  of  the 

party,  hereby  certify  that who 

resides  at  No on street  of 

city  of 

or  (in  the  township  of )  in  the  county  of 

,  and  who  is  a  candidate  for  the 

office  (or  position)  of  (here  specify  office  or  position) 
to  be  voted  for  at  the 


Chap.  6 


PRIMARY  ELBCnONS. 


93 


primary  next  hereafter  to  be  held,   and   whose  declara- 
tion of  candidacy  is  herewith  filed,  is  a  member  of  the 

r party,  and  is  well  qualified 

to  perform  the  duties  of  the  office  for  which  he  is  a  can- 
didate. 

Signatures    Residence    Ward     Precinct    Township 


The  State  of  Ohio,  County  of ss. 

Personally   appeared   before   me   the   undersigned,   a 

,  in  and  for  said  county,  this 

day  of A.  D.  19 above  named 

, ,  and 

who  each  severally  acknowledged  the  sign- 
ing of  the  above  certificate  to  be  his  free  act  and  deed  and 
that  the  statements  made  therein  were  true  as  he  verily 
believed. 

Witness  my  hand  and  offiqial  seal 

on  the  day  and  year  last  aforesaid 

In  the  case  of  a  candidate  for  office  other  than  for 
committeeman,  delegate  or  alternate  or  president  or  vice 
president  of  the  United  States,  the  proper  fee  must  also  be  • 

paid  at  the  time  of  filing  the  declaration  of  candidacy.  (106 
v.  546.) 

Under  the  existing  law  providing  for  primary  elections  a  voter  who  is  aflail- 
ated  with  one  party  can  not  be  nominated  at  such  primary  as  a  candidate  for 
office  upon  a  ticljet  of  any  other  party.     State,  ex  rel.,  v.   Graves,  91  0.  S.  36. 

The  action  of  the  board  of  deputy  state  supervisors  and  inspectors  of  elec- 
tions in  rejecting  a  nomination  paper  on  the  ground  that  it  does  not  contain  the 
names  and  addresses  of  persons  to  the  number  of  five  or  less  as  a  committee  who 
might  fill  vacancies  caused  by  death  or  withdrawal  is  final,  and  such  action 
can  not  be  reviewed  by  mandamus.  Board  of  Deputy  State  Supervisors  v.  State 
ex  rel.,  10  0.  C.  (N.  S.)  244:  citing  Chapman  v.  Miller,  52  0.  S.  166;  Randall 
V.  State,  ex  rel.,  64  0.  S.  57 ;  State,  ex  rel.,  v.  Jones,  74  0.  S.  418. 

Section  4970-1.     At  the  time  of  filing  the  declaration  of  Fee  required 
candidacy  for  nomiaation  for  any  office,  each  candidate  '^^^  '^*^®^®  p*'*- 
shall  pay  a  fee  of  one-half  of  one  per  cent.,  of  the  annual 
salary  for  such  office,  but  in  no  case  shall  such  fee  be  more 
than  twenty-five  dollars.     All  fees  so  paid  in  the  case  of 
candidates  for  state  offices,  office  of  United  States  senator 
and  congressman-at-large,  shall  forthwith  be  paid  by  the 
officer  receiving  the  same  into  the  treasury  of  state.     All 
other  fees  shall  be  paid  by  the  officer  receiving  the  same 
into  the  treasury  of  his  county  to  the  credit  of  the  county 
fund.     No  fee  shall  be  required  in  the  case  of  candidates   candidates  from 
for  committeman  or  delegate  or  alternate  to  a  convention   J'^^fJ.gJ®  '*' 
or  for  president  or  vice-president  of  the  United  States,  nor 
for  offices  for  which  no  salary  is  paid.     (106  v.  548.) 

Section  4973.     Each  candidate  shall  state  in  his  decla-   Declaration  of 
ration  of  candidacy  that  he  will  qualify  as  such  officer  if   Xt^'lJ^s'hln 
nominated  and  elected,  and  each  candidate  shall  also  state   contain. 
in  his  declaration  that  he  will  support  and  abide  by  the 


u 


PRIMARY  ELECTIONS. 


Chap.  6 


principles  enumerated  by  his  political  party  in  such  national  ' 
or  state  platform  as  may  have  been  adopted  by  it  prior  to  \ 
such  primary  in  the  year  in  which  he  is  seeking  such  nom-  j 
ination,  or  which  may  be  subsequently  adopted. 


Protests  against 
candidacy ; 
where  filed. 


Hearing  and 
determination 
of  protests. 


Transmission  of 
certificates. 


Note  : — Candidates  for  delegates  and  committeemen  must  file  declarations  of 
acceptance  the  same  as  any  other  officer. 

Section  4974.  Protests  in  writing  against  the  candi- 
dacy of  any  person  seeking  to  become  a  candidate  of  any 
political  party  may  be  filed  only  by  a  recognized  member  of 
such  party  or  by  the  controlling  committee  thereof.  Such 
protests  shall  be  filed  with  the  state  supervisor  of  elections 
in  all  cases  in  which  the  declaration  of  candidacy  shall  have 
been  filed  with  him  and  in  cases  in  which  such  paper  shall 
have  been  filed  with  a  board  of  deputy  state  supervisors  the 
protests  shall  be  filed  with  such  board.  In  the  case  of  pro- 
tests filed  with  the  state  supervisor  of  elections  he  shall  hear 
and  determine  the  same  and  his  decision  shall  be  final.  In 
the  case  of  protests  filed  against  the  candidacy  of  a  person 
in  a  district  comprising  more  than  one  county  the  same 
shall  be  heard  and  determined  by  the  chief  deputies  and 
clerks  of  the  board  of  deputy  state  supervisors  of  the  sev- 
eral counties  comprising  such  distrtict  and  their  decision 
shall  be  final.  In  the  case  of  protests  filed  against  candi- 
dates for  county  offices  or  offices  of  a  district  lying  within 
a  county,  the  same  shall  be  heard  and  determined  by  the 
board  of  deputy  state  supervisors  of  such  county  and  its 
decision  shall  be  final.  In  case  of  candidates  for  office  in 
municipalities  or  school  districts  situated  in  more  than  one 
county,  the  same  shall  be  submitted  to  the  board  of  deputy 
state  supervisors  of  the  county  in  which  the  declaration  of 
candidacy  were  filed  and  its  decision  shall  be  final.  If  it 
is  found  that  such  candidate  is  not  an  elector  of  the  state, 
or  of  the  district  or  county  in  which  he  seeks  to  become  a 
candidate,  or  has  not  fully  complied  with  the  provisions 
of  law  as  herein  provided,  his  name  shall  be  withdrawn  and 
shall  not  be  printed  upon  the  ballot;  but  no  declaration  of 
candidacy  shall  be  rejected  for  mere  technical  defects.  Cer- 
tificates shall  be  transmitted  in  the  manner  provided  in  this 
title  for  the  transmission  of  certificates  of  nomination.  (106 
V.  549.) 


Provision    as   to 
registration. 


A  court  will  not  compel  a  board  of  deputy  state  supervisors  to  hear  and  | 
determine  objections  to  the  nomination  of  candidates  for  office,  the  determination  i 
of  which  requires  a  recount  of  the  ballots  cast  at  the  primary  election,  where  the  \ 
written  objections  are  filed  after  the  time  fixed  by  statute  for  the  destruction  of  ; 
these  ballots.    State,  ex  rel.,  v.  Swan,  91  0.  S.  61.  .1 

Section  4975.  The  board  of  deputy  state  supervisors  \ 
in  municipalities  where  registration  of  electors  is  required  I 
by  law,  shall,  prior  to  any  primary  election,  make  such  pro- 1 
vision  as  shall  be  necessary  and  reasonable  for  the  transfer  ] 
upon  the  registration  books  and  the  registration  of  all  per-  i 
sons,  not  previously  registered,  who  may  qualify  themselves  j 
to  vote  at  the  ensuing  November  election.  No  person  shall  J 
be  admitted  to  vote  at  any  primary  election,  in  such  mu-j 


Chap.    6                             PRIMARY  ELECTIONS.  95          ! 

nicipalities,  unless  he  shall  have  caused  himself  to  be  reg-  \ 

istered  as  an  elector  therein,  in  the  manner  provided  by  law  < 

for  the  registration  of  electors.     (99  v.  220  §  22.)  ,"1 

Section  4976.     Separate  tickets  shall  be  provided  for  separate  party         j 

eaeh  political  party  entitled  to  participate  in  such  primary.  aSd'form^SJ^"*"        j 

Such  tickets  shall  contain  the  names  of  all  persons  whose  ^*"^*-                     1 

names  have  been  duly  presented  and  not  withdrawn.     The  ' 

ballots  shall  conform,  as  nearly  as  practicable,  to  the  form  - 

of  the  ballot  provided  in  this  title  for  the  use  of  electors  in  ; 

the  election  of  public  officers,   except  that  no  device  or  ^ 

circle  shall  be  used  at  the  head  of  such  tickets.    They  shall  PrintinK  of  bai-        \ 

be  printed  and  prepared  as  follows:  the  whole  number  of  Kames^o?" 

ballots  to  be  printed  for  the  nomination  of  persons  as  can-  f^andidates.               i 

didates  for  each  of  the  offices  for  which  nominations  are  to  I 

be  made  shall  be  divided  by  the  greatest  number  of  persons  j 

whose  names  have  been  duly  presented  for  any  office  and  j 

not  withdrawn  and  the  quotient  shall  be  the  number  of  - 

ballots  in  each  series  of  ballots  to  be  printed  as  follows :  the  ] 

names  of  persons  so  duly  presented  as  candidates  for  nomi-  j 

nation  and  not  withdrawn  shall  be  arranged  in  alphabetical  1 

order  and  the  first  series  of  ballots  printed;  then  the  first  : 

name  shall  be  placed  last  and  the  next  series  printed,  and  t 

so  shall  the  process  be  repeated  until  each  name  shall  have  ; 

been  first.    The  ballots  shall  then  be  combined  in  tablets  by  " ' 

selecting  one  from  each  series  of  ballots  in  regular  order  | 

and  so  repeating,  so  that  no  two  of  the  same  order  of  names  ,  j 
shall  be  together,  except  when  there  is  but  one  candidate 

for  any  said  nominations.     The  back  of  each  of  said  bal-  ^n  tauX"* 
lots  shall  bear  the  official  signature  of  the  members  of  the 

board  of  deputy  state  supervisors  of  elections  and  shall  ^             ] 

have  printed  thereon  the  words  ''Official  Ballot"  and  ''Pri-  • 
mary  Election"  and  the  name  of  the  political  party  for 

which  such  ballot  is  printed.     (107  0.  L.  25.)  \ 

NoTE  : — There  must  be  a  separate  space  on  the  ballot  for  each  office,  for 
which  a  nomination  is  to  be  made.     Atty.  Gen.  4-7-10. 

The  ticket  at  a  primary  may  be  printed  in  more  than  one  column,  if  more  ^ 

convenient  for  the  board  of  deputy  supervisors  or  the  electors.  -; 

An  elector  who  has  filed  nomination  papers  may  withdraw  his  name  as  a  ' 
candidate.  After  a  candidate  has  withdrawn  his  name  and  his  withdrawal  has  Withdrawal.  i 
been  accepted  by  the  board,  the  board  is  without  authority  to  reconsider  its  i 
acceptance,  and  such  elector  may  thereafter  have  his  name  placed  upon  the  offi- 
cial ballot  only  by  nomination  papers,  as'  provided  in  the  first  Instance.  Atty.  .  ' 
Gen.  5-6-10.  -i 

The  voter  may  write  in  a  blank  space,  or  substitute  for  any  name  on  his  «! 

party  ballot,  the  name  of  another  person  of  the  same  political  party  faith.     Atty.  •. 

Gen.  10-9-09.  ( 

Under  the  existing  law  providing  for  primary  elections,  a  voter  who  is"  affili-  j 

ated  with  one  party  can  not  be  nominated  at  such  primary  as  a  candidate  for  ! 

office  upon  a  ticket  of  any  other  party.    State,  ex  rel.,  v.  Graves,  91  0.  S.  36.  : 

j 

Section  4977.     On  each  day  designated  in  this  chap-  JjJ^ducre'd '^°'^            ^ 

ter  for  holding  primary  elections,  a  full  board  of  election  -\ 
officers  shall  be  assigned  to  duty  at  each*  polling  place,  and 

such  election  officers  shall  jointly  conduct  the  election  as  i 

to  all  parties.     The  regular  judges  and  clerks  of  elections  j 

shall  be  the  judges  and  clerks  of  primary  elections,  and  ] 

shall  be  charged  with  the  same  powers  and  duties,  and  be  ■ 

subject  to  the  same  penalties  as  are  provided  by  law  for  • 

the  conduct  of  general  elections.     There  shall  be  separate  \ 


96 


PRIMARY  ELECTIONS. 


Chap.  6 


Challengers 
and  witnesses. 


ApplicatloB. 


Inspection. 


Unlawful  to  ex- 
hibit  ticket 
within  one 
hundred  feet. 


poll  books,  tally  sheets  and  ballot  boxes  provided  at  each 
voting  place  for  each  party  participating  in  the  election, 
and  the  ballot  of  each  voter  shall  be  placed  in  the  ballot 
box  of  the  party  with  which  he  affiliates.  Each  ballot  box 
shall  be  plainly  marked  with  the  name  of  the  political  party 
whose  ballots  are  to  be  placed  therein,  by  letters  printed 
thereon  or  by  a  card  attached  thereto,  or  both,  and  so 
placed  that  the  designation  may  be  easily  read.  (99  v.  220 
§  24.) 

Section  4978.  Upon  application  in  writing  of  the 
respective  controlling  committees,  the  judges  of  election 
shall  admit  to  the  polling  room  one  challenger  and  one  wit- 
ness for  each  candidate  whose  name  appears  on  the  ballot 
for  the  office  at  the  head  of  the  ticket.  Such  challenger  and 
witness  shall  be  appointed  in  writing  by  the  candidates  on 
whose  behalf  he  serves.  Such  challengers  and  witnesses 
shall  have  the  same  privileges  and  be  subject  to  the  same 
regulations  as  are  prescribed  by  law  for  the  challengers  and 
witnesses  at  general  elections. 

The  judges  of  election  of  each  precinct,  upon  the  writ- 
ten application  of  any  five  or  more  candidates,  shall  admit 
to  the  polling  room  one  challenger  and  one  inspector. 
The  applications  must  be  signed  by  the  candidates  in  person 
in  the  presence  of  two  witnesses.  No  candidate  shall  sign 
an  application  for  more  than  one  challenger  and  one  in- 
spector at  any  one  polling  place.  Such  inspector  shall  have 
the  right  to  inspect  the  ballots  and  ballot  box  before  the 
voting  begins,  and  the  challenger  shall  have  such  rights  and 
privileges  and  be  subject  to  the  same  regulations  as  are 
prescribed  by  law  for  challengers  at  general  elections.  The 
inspector  shall  have  the  right  to  enter  the  polling  place  at 
any  time  after  five  o'clock  in  the  afternoon  and  remain 
until  the  ballots  are  all  counted.  He  shall  have  the  right 
to  inspect  the  ballot  box,  tally  sheets  and  poll  books  and 
also  to  witness  the  counting  of  the  ballots,  and  inspect  the 
same  while  being  counted,  or  afterwards.  A  person  serv- 
ing as  challenger  is  eligible  to  serve  as  inspector.  All  of 
the  judges  and  clerks  conducting  said  primary  election  shall 
participate  in  the  count  and  tabulation  of  all  the  votes  cast. 
Any  judge  who  refuses  to  admit  to  the  polling  place  any 
challenger,  or  inspector,  who  presents  a  proper  application 
signed  and  witnessed  as  herein  provided,  or  any  challenger, 
or  inspector,  who  knowingly  presents  a  false  application  to 
the  judges  of  election,  shall  be  fined  not  less  than  fifty  dol- 
lars nor  more  than  two  hundred  dollars  and  imprisoned  in 
the  county  jail  not  less  than  thirty  days. 

Section  4979.  During  the  time  the  polls  are  open,  it 
shall  be  unlawful  for  any  person  within  one  hundred  feet 
of  the  polling  place  of  any  primary  election  to  give,  tender, 
or  exhibit  any  ballot  or  ticket  to  any  person  other  than  to 
a  judge  of  the  election,  or  to  exhibit  any  ticket  which  he 
intends  to  cast,  or  within  such  distance  so  solicit  or  in  any 
way  attempt  to  influence  any  elector  in  casting:  his  vote. 
(99  v.  224  §  41.) 


Chap.  6 


PRIMARY  ELECTIONS. 


97 


Who  may  rote; 

causes  of 


Oath. 


Section  4980.  At  such  election  only  legally  qualified 
electors  or  such  as  will  be  legally  qualified  electors  at  the 
next  ensuing  general  election  may  vote  and  all  such  electors 
may  vote  only  in  the  election  precinct  where  they  reside, 
and  it  shall  be  the  duty  of  the  challengers  and  of  the  judges, 
and  the  right  of  any  elector,  whenever  there  is  reason  to 
doubt  the  legality  of  any  vote  that  may  be  offered  to  inter- 
pose a  challenge.  The  cause  of  a  challenge  shall  be :  That 
the  person  challenged  has  received  or  been  promised  some 
valuable  reward  or  consideration  for  his  vote;  that  he  has 
not  previously  affiliated  with  the  party  whose  ticket  he  now 
desires  to  vote.  Affiliation  shall  be  determined  by  the  vote 
of  the  elector  making  application  to  vote,  at  the  last  general 
election  held  in  even  numbered  years.     (99  v.  221  §  26.) 

Note  : — A  minor  who  will  be  qualified  to  vote  at  the  election  next  succeed- 
ing a  primary  election  may  vote  at  such  primary.    Atty.  Gen.  8-30-07. 

Women  may  vote  for  candidates  for  nomination  on  the  party  tlcketa  for  mem- 
bers of  the  board  of  education.     Atty.  Gen,  6-14-09, 

Section  4981.  Before  any  challenged  person  shall  be 
allowed  to  vote,  he  shall  make  and  subscribe  an  affidavit 
duly  sworn  to,  before  one  of  the  judges,  who  are  hereby 
authorized  and  empowered  to  administer  such  oaths,  blanks 
for  which  shall  be  furnished  by  the  board  of  deputy  state 
supervisors,  giving  age,  residence,  nationality,  citizenship 
party  allegiance,  length  of  residence  in  the  voting  precinct, 
county  and  state,  and  all  other  facts  necessary  to  -disclose 
whether  he  is  a  legal  voter  at  such  election,  which  affidavit 
shall  be  returned  to  the  office  of  the  board  with  the  poll 
books  and  tally  sheets.     (99  v.  221  §  27.) 

Section  4982.  If  a  person  challenged  refuses  to  be 
sworn,  or  being  sworn,  refuses  to  answer  any  questions,  or 
if  his  answers  show  that  he  lacks  any  of  the  qualifications 
herein  required  to  make  him  a  legal  voter  at  such  primary 
election,  his  vote  shall  be  rejected.  The  judges,  or  either 
of  them,  shall  have  the  power  to  make  further  investigation, 
and  he  or  they  may  call  and  examine  witnesses  as  to  the 
qualifications  of  the  person  challenged,  and,  if  the  judges 
of  the  party  to  which  the  person  asking  the  ticket  claims 
affiliation  are  not  satisfied  that  he  is  a  legal  voter  under  this 
chapter,  they  shall  reject  his  vote.     (90  v.  221  §  27.) 

Section  4983.  At  the  close  of  the  polls,  the  judges  caHTtaa  tf 
and  clerks  shall  proceed  without  delay  to  canvass  the  vote,  ^'***' 
sign  and  seal  it,  and  make  return  forthwith  thereof  to  the 
board  of  deputy  state  supervisors.  If  there  are  any  tickets 
cast  and  counted  or  left  uncounted  concerning  the  legality 
of  which  there  is  any  doubt  or  difference  of  opinion  in  the 
minds  of  the  judges  of  elections,  they  shall  be  sealed  up  and 
marked,  "disputed  ballots,"  and  returned  to  such  board, 
with  the  statement  as  to  whether  they  have  or  have  not 
been  counted,  and,  if  counted,  what  party  and  for  whom. 
Such  ballots  shall  be  preserved  by  the  board  for  such  ju- 
dicial or  other  investigation  as  may  be  ordered  by  the  tOM- 

4— B.  L. 


WfcMI. 


PRIMARY  ELECTIONS. 


Chap.  6 


trolling  committee  of  the  party  for  whom  they  were  voted.  [ 
(99  V.  221  §  228.)  ! 


Canvass  of 
vote  and  cer- 
tifying result 
by  deputy  state 
supervisors. 


Time  when  forms 
of  ballots  shall 
be  certified 
to  boards. 


Per  cent  of 
ballots  written 
on  required  to 
nominate  at  pri- 
mary when  no 
nominating  peti- 
tion filed. 


Note  :— The  board  is  without  authority  to  hear  evidence  to  contradict  or 
explain  the  tally  sheets,  or  act  upon  information  not  appearing  on  their  face,  or 
to  open  or  count  ballots  returned  by  the  precinct  ofBcers,  as  uncounted  ballots, 
concerning  the  legality  of  which,  doubt  or  difference  of  opinion  existed  in  the 
minds  of  the  judges  of  election.     State  ex  rel.  v.  Tanzy  et  al.,  49  0.  S.  656. 

Section  4984.  On  the  following  Thursday  after  the 
primary  at  ten  o'clock  forenoon  the  board  of  deputy  state 
supervisors  of  elections  of  each  county  shall  meet  and  can- 
vass the  vote  and  certify  the  result  or  declare  the  same  in 
the  manner  hereinafter  provided.  The  controlling  commit- 
tee of  any  party  participating  in  the  primary  may  have  one 
representative  present  during  the  canvass  of  the  vote.  In 
the  case  of  candidates  for  nomination  by  primary  whose 
nomination  papers  are  required  to  be  filed  with  the  state 
supervisor  of  elections  such  boards  of  deputy  state  super- 
visors shall,  on  blanks  provided  for  that  purpose,  make  full 
and  accurate  returns  of  votes  cast  for  each  candidate  and 
shall  certify  duplicate  copies  thereof  to  the  state  supervisor 
who  shall  proceed  to  canvass  all  of  the  votes  cast  for  the 
respective  candidates  above  mentioned  and  shall  declare 
the  result,  and  shall,  not  less  than  forty  days  before  the 
election,  certify  the  same  together  with  a  form  of  official 
ballot  therefor  to  the  proper  boards  of  deputy  state  super- 
visors of  the  several  counties  of  the  state.  In  case  of  nomi- 
nations for  offices  in  districts  comprising  more  than  one 
county,  the  boards  of  deputy  state  supervisors  of  elections 
in  such  counties  shall  certify  the  results  of  the  primary  as 
regards  such  district  candidates  to  the  board  of  deputy  state 
supervisors  of  the  county  in  such  district  in  which  the  nom- 
ination papers  were  originally  filed,  which  board  shall  pro- 
ceed to  canvass  all  of  the  returns  so  made  of  the  votes  cast 
for  the  respective  candidates  and  shall  declare  the  result 
and  certify  the  names  of  the  successful  candidates  to  the 
boards  of  deputy  state  supervisors  of  the  several  counties 
comprising  such  district  to  be  placed  on  the  ballot.  In  case 
of  nominations  for  offices  within  a  county  the  results  of 
the  primary  shall  be  declared  by  the  board  of  deputy  state 
supervisors  of  such  county.    (103  v.  484.) 

^  Section  4984-1.  That  in  the  event  of  any  office  for 
which  nominations  are  sought  to  be  made  at  any  primary 
election,  and  for  which  no  nominating  petitions  or  declara- 
tions of  candidacy  have  been  filed  within  the  time  prescribed 
by  law  by  or  in  behalf  of  any  candidate  of  a  political  party, 
so  that  in  so  far  as  such  office  is  concerned,  there  is  a 
vacancy  on  the  primary  ballot  to  be  nominated,  no  valid 
nomination  shall  be  made  for  such  office  unless  the  name  of 
the  person  attempted  to  be  nominated  and  receiving  the 
highest  number  of  votes  for  said  office,  shall  have  been 
written  on  at  least  eight  per  cent  of  all  the  ballots  contain- 
ing such  vacancy,  which  have  been  voted  at  such  primary 
election.     (106  v.  207.) 


Chap.    6                            PRIMARY   ELECTIONS.  99       \ 

Section  4985.     When  Hie  pirraary  has  been  held  to  nominees' must 

make  nominations  of  candidates  to  be  voted  for  at  the  en-  be  placed               ■ 

suing  November  election,  the  board  of  deputy  state  super-  ^^°^  ^*"°''            ' 

visors  shall  place  the  names  of  the  persons  so  nominated  ^ 

upon  the  official  ballot  as  the  candidates  of  the  respective  ] 
political  parties  nominating  them.     (99  v.  222  §  30.) 

Section  4986.     If  the  primary  has  been  held  to  elect  election* to* del         ' 

delegates  and  alternates  to  a  national  convention,  the  sev-  gates  and 

eral  boards  of  deputy  state  supervisors  and  the  state  super-  »"e''"**«s-              ] 
visor  of  elections  shall  perform  the  same  duties  with  regard 

to  such  election  as  with  regard  to  the  nomination  of  candi-  - 

lates  for  state  and  district  offices.    Returns  shall  be  made  \ 

and  canvassed  in  a  similar  manner  as  for  state  and  district  j 

offices  and  such  state  supervisor,  or  boards  of  deputy  state  j 
supervisors,  shall,  without  fee,  make  and,  upon  demand, 

deliver  to  the  persons  who  may  have  been  chosen,  certifi-  j 

cates  of  their  election.    And  no  other  delegate  or  alternate  J 

sliall  be  entitled  to  sit,  or  participate,  in  such  convention.  j 

A  list  of  the  delegates  and  alternates  of  each  party  who  i 

may  have  been  chosen,  shall  be  filed  and  kept  in  the  office  j 

of  such  state  supervisor  for  one  year.    (103  v.  485.)  \ 

Section  4987.     If  members  of  a  state  central  commit-  certificates  of         ; 

tee  have  been  elected  at  any  primary  election,  the  several  members  of            j 

boards  of  deputy  state  supervisors  and  the  state  supervisor  committee.             ] 

of  elections  shall  perform  the  same  duties  with  regard  to  j 

the  election  of  such  committees  as  with  regard  to  the  nomi-  ^ 

nation  of  candidates  for  district  offices.    Returns  shall  be  j; 

made  and  canvassed  as  for  such  nominations.     And  said  ; 

state  supervisor  shall,  without  fee,  and  upon  demand,  de-  ■ 
liver  to  the  persons  elected,  certificates  of  their  election.    A 

list  of  committeemen  of  each  party  who  may  have  been  thus  ; 

chosen  shall  be  filed  and  kept  in  the  office  of  such  state  \ 

supervisor  of  elections  for  two  years  and  it  shall" be  the  i 

official  roll  of  the  committee.    In  like  manner  if  members  \ 

of  a  county  central  committee  or  delegates  to  a  state  con-  J 

vention  have  been  elected  the  board  of  deputy  state  super-  i 

visors  of  elections  shall  perform  the  same  duties  with  re-  ! 

gard  to  the  election  of  such  committeemen  as  with  regard  j 

to  the  nomination  of  candidates  for  township  offices.     Re-  j 

turns  shall  be  made  and  canvassed  as  for  such  nominations  , 

and  said  board  of  deputy  state  supervisors  shall  without  ■ 
fee,  and  upon  demand,  deliver  to  the  persons  who  may  have 

been  chosen  certificates  of  their  election.    A  list  of  commit-  List  of  commit- 

teemen  of  each  party  who  may  have  been  chosen  shall  be  ofBce  of  state         \ 

filed  and  kept  in  the  office  of  such  board  for  two  years  and  supervisor.             , 

it  shall  be  the  official  roll  of  the  committee.     (103  v.  485.)  j 

Section  4988.     When  at  any  primary  there  is  a  tie  {^J^ined"in  ***'       ! 

vote  for  nomination  or  election  in  any  case  in  which  the  cases  of  tie 

nomination  papers  have  been  filed  with  the  state  supervisor  ^°*®-                    J 

of  elections  the  candidates  having  the  highest  and  equal  • 

number  of  votes  shall,  after  due  notice,  within  ten  days  and  ] 

in  the  presence. of  such  state  supervisor  at  the  time  and  i 

place  to  be  fixed  by  him,  determine  the  result  by  lot.     If  ^ 


lt« 


PRIMARY  ELECTIONS. 


Ghap.  6 


IS^'SSSt 


they  fail  to  do  so,  such  state  supervisor  shall  determine  the 
result  in  a  similar  manner.  In  the  event  of  a  tie  vote  in 
other  cases  the  candidates  having  the  highest  and  equal 
number  of  votes  shall,  after  due  notice,  within  five  days  in 
the  presence  of  the  board  of  deputy  state  supervisors  with 
which  the  nomination  papers  were  filed  at  a  time  and  place 
to  be  fixed  by  such  board,  determine  the  result  by  lot  and 
if  the  candidates  fail  to  do  so  such  board  shall  be  author- 
ized to  determine  the  same  in  a  similar  manner.  (103 
V.  486.) 

Section  4989.  In  case  of  a  vacancy  or  vacancies  m 
the  list  of  nominations  occurring  by  death  or  otherwise, 
after  the  result  has  been  declared,  such  vacancy  or  vacan- 
cies shall  be  filled  by  the  proper  controlling  committee  of 
the  party  in  which  such  vacancy,  or  vacancies,  occur,  and 
the  names  of  the  candidates,  delegates  or  committeemen,  as 
the  case  may  be,  selected  by  such  committee,  shall,  in  the 
case  of  offices,  the  nomination  papers  for  which  have  to  be 
filed  with  the  state  supervisor  of  elections  be  reported  to 
such  state  supervisor  and,  in  the  case  of  other  offices,  shall 
be  reported  to  the  proper  board  or  boards  of  deputy  state 
supervisors,  and  such  state  supervisor  or  board,  or  boards, 
shall  cause  such  name  or  names  to  be  placed  on  the  official 
ballots,  lists  or  rolls.     (103  v.  486.) 


Note  : — This  procedure  applies  to  vacancies  occurring  after  the  declaration 
of  the  result  of  the  primary  election,  and  to  vacancies  in  the  list  of  nominations 
actually  made  at  the  primary  election  only.    Atty.  Gen.  8-13-09. 

This  section  does  not  authorize  the  filling  of  a  vacancy  resulting  from  fail- 
ure to  nominate  a  candidate  for  such  office  at  the  primary  election.  Atty.  Gen. 
8-18-09. 

See  Sec.  4984-1. 


OmpciisatlOB 
ef  election 
•fleers. 


Section  4990.  For  their  services  in  conducting  pri- 
mary elections,  members  of  boards  of  deputy  state  super- 
visors shall  each  receive  for  his  services  the  sum  of  two 
dollars  for  each  election  precinct  in  his  respective  county, 
and  the  clerk  shall  receive  for  his  services  the  sum  of  three 
doUars  for  each  election  precinct  in  his  county,  and  judges 
and  clerks  of  election  shall  receive  the  same  compensation 
as  is  provided  by  law  for  such  officers  at  general  elections. 
(99  V.  223  §  35.) 


Provisions  of  G.  C.  Sec.  4990  are  not  inconsistent  with  Art.  V,  Sec.  7,  of  the 
amendments  of  1912  to  the  constitution,  and  by  the  provisions  of  that  section 
of  the  statutes  each  member  of  the  board  of  deputy  state  supervisors  of  elections 
is  entitled  to  receive,  as  compensation  for  his  services  in  conducting  a  primary 
election  provided  for  by  this  section,  to  be  held  in  September  of  odd  numbered 
years,  the  sum  of  two  dollars  for  each  precinct  In  his  county  whether  primary 
elections  were  actually  held  In  all  of  the  precincts  of  his  county  or  not.  State, 
ex  rel.,  v.  Hogg,  1  Ohio  App.  205.  19  0.  C.  C.  (N.  S.)  55,  24,  0.  C.  D.  354,  58 
Bull.  489  (Ed.). 


Szpenaes.  bow 
apportioned 
and  paid. 


Section  4991.  All  expenses  of  primary  elections,  in- 
cluding cost  of  supplies  for  election  precincts  and  compen- 
sation of  the  members  and  clerks  of  boards  of  deputy  state 
supervisors,  and  judges  and  clerks  of  election,  shall  be  paid 
in  the  manner  provided  by  law  for  the  payment  of  similar 
expenses  for  general  elections  except  that  the  expenses  of 
primary  elections  in  political  divisions  less  than  a  countf 


Qhftp.   6  PRIMARY  KLBCnOKS.  UA        \ 

shall  be  a  charge  against  the  township,  city,  village  or  polit-  'I 

leal  division  in  which  said  election  was  held,  and  the  amount  j 
so  paid  by  the  county  shall  be  retained  by  the  county 

auditor,  from  funds  due  such  township,  city,  village  or  '. 

political  division,  at  the  time  of  making  the  semi-annual  j 

distribution  of  taxes.    The  amount  of  such  expenses  shall  1 

l)e  ascertained  and  apportioned  by  the  deputy  state  super-  j 

visors  to  the  several  political  divisions  and  certified  to  the  ■ 

county  auditor.    In  municipalities  situated  in  two  or  more  ' 

counties,  the  proportion  of  expense  charged  to  each  of  such  ^ 

counties  shall  be  ascertained  and  apportioned  by  the  clerk  '; 

or  auditor  of  the  municipality  and  certified  by  him  to  the  : 

several  county  auditors.  i 

County    commissioners,    township    trustees,    councils,  ^ 

boards  of  education  or  other  authorities,  authorized  to  levy  ! 

taxes,  shall  make  the  necessary  levy  to  meet  such  expenses.  i 

(103  V.  510.)                                          .  ; 

Section  4991-1.  In  the  year  1914,  and  every  fourth  Party  platform,  i 
year  thereafter,  the  candidates  for  state  offices,  except  5Jhom  *?rimed.  .; 
judicial  offices,  the  candidates  for  member  of  the  general  ! 
assembly,  the  members  of  the  state  executive  and  central  ] 
committees  and  the  chairmen  of  the  county  central  and  i 
executive  committees  of  each  political  party  which  shall  ' 
have  selected  candidates  at  the  primary  election  of  such  ] 
year  shall  meet  at  such  place  as  the  state  central  committee  ; 
of  such  party  may  designate  on  the  second  Tuesday  after  ! 
such  primary  and  shall  forthwith  formulate  the  state  plat- 
form of  such  party,  which  said  state  platform  of  each  1 
political  party  shall  be  so  framed  at  such  time  that  it  shall  ] 
be  made  public  not  later  than  six  o'clock  in  the  afternoon  ] 
of  the  following  Thursday.    (103  v.  486.)  : 


CHAPTER  7. 
NOMINATION  OF  CANDIDATES. 


Section 

4992.  Nomination  of  candidates, 

4993.  Certificate  of  nomination. 

4994.  Certificate  shall   state  committee   to  fill 

TAC&DCiCS 

4995.  Substitution  of  other  party  candidate  by 

committee  unlawful. 

4996.  Nominations  of  candidates  for  oflfices  in 

townships    and    municipalities    having 
less  than  2,000  population. 

4997.  How  nominations  made. 

4998.  Names  of  nominees  for  board  published. 

4999.  Nomination     of     candidates     for    other 

offices. 

5000.  Signers  to  name  committee  to  fill  vacan- 

cies. 

5001.  Signer  pledged  to  vote  for  nominee. 

5002.  Oath  by  one  of  the  signers, 

5003.  Contents  of  certificates. 

5004.  Where   and  when  certificates  and  nom- 

ination papers  shall  be  filed. 


Section 

5005.    When  certificates  and  nomination  papers 

deemed  valid. 
Consideration    of    objections    and    other 

questions  to  nomination. 
Majority    necessary;    questions    may    be 

submitted   to    the   state   supervisor   in 

cases  of  disagreement. 
Notice  of  objection  must  be  given. 
Certified    party   name    may    be    rejected, 

when. 
How   vacancy  on  ticket  filled  or  defect 

in  certificate  corrected. 
Certificate  in  case  of  filling  vacancy. 
Vacancy   caiised   by   death   of   candidate 

after  ballots  printed;  adhesive  slips  or 

Vacancies  shall  be  filled  by  central  com- 
mittee. 

Device  to  designate  party  candidates. 

Transmission  of  certified  copies  of  cer- 
tlflcatei. 


5006. 
5007. 


5008 
5009 


5010. 


5011. 
5012. 


5013. 


5014. 
5015. 


Nomination 
of  candidates. 


Section  4992.  Except  as  provided  by  the  preceding 
chapter  of  this  title,  nominations  of  candidates  for  public 
office  may  be  made  as  herein  prescribed.     (103  v.  843.) 


Note  : — ^A  citizen's  ticket,  nominated  by  petition,  and  which  polled  at  least 
one  per  cent  of  the  entire  vote,  does  not  entitle  a  similar  ticket  to  a  place  on  the 
ballot  at  a  subsequent  election,  without  a  petition  as  provided  by  sections  4996 
and  4999.  Only  those  parties  which  have  a  state  organization,  and  which  cast  the 
requisite  number  of  votes  in  the  entire  state  are  entitled  to  representation  on  the 
ballot  as  a  party. 

Where  a  "citizens'  ticket"  has  been  nominated  by  a  caucus  or  convention  and 
the  certificate  thereof  filed  with  the  board  of  deputy  state  supervisors,  it  is  the 
duty  of  the  deputy  state  supervisors  to  disregard  and  reject  such  ticket.  The 
proper  manner  for  electors  to  procure  the  nomination  of  a  citizens'  ticket  is  by 
petition. 

A  ticket  nominated  by  petition  is  not  entitled  to  go  under  a  party  ticket,  as 
a  regular  party  ticket. 

A  primary  election  must  be  held  under  the  auspices  of  some  party.  Under 
the  law  there  cannot  be  a  nonpartisan  primary.  The  method  provided  for  placing 
a  person  on  the  ticket  without  regard  to  party  is  by  petition. 

The  requirements  of  Section  6  (89  0.  L.  434)  that  certified  nominations  of 
candidates  for  public  offices  must  be  made  by  "convention,  caucus,  meeting  of 
qualified  electors,  primary  election  held  by  siich  electors  or  central  or  executive 
committee,  representing  a  political  party,  which  at  the  next  preceding  election 
polled  at  least  one  per  cent  of  the  entire  vote  cast  in  the  state"  is  not  repugnant  to 
any  provision  of  the  constitution. 

state  ex  rel.  Richard  Plimmer  v.  Poston  et  al.,  58  0.  S.  620. 

A  number  of  citizens  cannot  caucus  for  the  purpose  of  nominating  a  ticket. 
A  ticket  may  be  nominated  by  caucus  only  by  an  existing  political  party.  A 
citizen's  ticket  must  be  nominated  by  petition. 

A  political  party  does  not  have  the  right  to  fill  a  vacancy  on  Its  ticket  by 
petition. 

A  person  who  has  been  a  candidate  at  the  primary  is  not  thereby  prevented 
from  circulating  a  petition  to  be  an  independent  candidate,  and  persons  who 
voted  at  the  primary  are  not  thereby  prevented  from  signing  the  same.  Sec. 
4950  G.  C. 

A  political  party  casting  more  than  one  per  cent  of  the  total  vote  for  state 
officers  In  the  state  is  entitled  to  exercise  rights  under  section  4992  In  and  with 
respect  to  any  of  the  political  subdivisions  of  the  state  regardless  of  the  num- 
ber of  votes  cast  by  it  in  such  subdivisions.  Its  rights  under  section  4992  are  to 
be  determined  by  the  votes  cast  in  the  state  at  large  for  state  officers.  Atty. 
Gen.  4-28-10. 


Certificate  of 
nomination. 


Section  4993.  Each  certificate  of  nomination  shall 
state  such  facts  as  are  in  this  chapter  required  for  its 
acceptance  and  be  signed  by  the  proper  officers  of  such 
convention,  caucus,  meeting,  primary  election  or  commit- 
tee, who  shall  add  to  their  signatures  their  places  of  resi- 

(102) 


Chap.   7  NOMINATION  OF  CANDIDATES.  108 

dence  and  postoffice  addresses  and  make  oath  before  an 
officer  qualified  to  administer  it  that  the  facts  stated  in  the 
certificate  are  true  to  the  best  of  their  knowledge  and  belief. 
A  certificate  of  the  oath  shall  be  annexed  to  the  certificate 
of  nomination.     (89  v.  434  §  6.) 

Note  : — ^Within  the  meaning  of  section  2966-18,  Revised  Statutes,  the  chair- 
man and  secretary  of  a  nominating  convention  are  "proper  officers"  to  execute 
certificate  of  nominations  made  by  such  convention. 

A  person  who  acts  as  secretary  of  two  rival  conventions  may  he  compelled  by 
mandamus  to  execute  certificates  of  nomination  made  by  each  convention.  In 
order  that  rival  candidates  may  present  their  claims  for  determination  by  the 
election  board  named  in  Section  2966-23,  Revised  Statutes, 

Upon  an  application  of  this  character  the  court  will  conarider  only  questions 
relating  to  the  relator's  right  to  such  certificate  of  nomination,  leaving  all  ques- 
tions involved  in  the  validity  of  the  claims  of  rival  candidates  to  be  the  nominee 
to  be  determined  by  said  election  board. 

State  ex  rel.  Milner  v.  Jones,  Secretary,  74  0.  S.  418. 

Political  parties,  being  voluntary  associations,  the  conventions  of  such  parties 
are  necessarily  the  sole  judges  of  the  elections,  returns  and  qualifications  of  their 
members,  and  courts  of  equity  can  not  restrain  the  members  of  such  conventions 
or  the  members  of  the  committees  on  credentials  from  arbitrarily  seating  certain 
delegates  therein. 

In  re  Contempt  v.  Grear,  Jr.,  6  N.  P.  312. 

Either  political  party  may  nominate  and  have  placed  on  Its  ticket  as  candi- 
dates for  offices,  persons  who  have  been  nominated  for  the  same  office  by  another 
political  party. 

Gregg  V.  Rogers,  1  N.  P.  117. 

Section  4994.     Such  certificate  of  nomination  shall  certificate  shaii 
also  state  the  names  and  addresses  of  a  committee  author-  fo^mi  racanciS. 
ized  to  represent  such  political  party,  and  such  committee 
may  fill  vacancies  which  occur  in  the  list  of  nominations, 
unless  it  is  otherwise  specially  ordered  at  the  time  of  the 
selection  of  such  committee  and  so  certified.    (89  v.  434  §  6.) 

Section  4995.     When  no  nominations  were  made  orig-  substitution  of 
inally  for  a  particular  office,  it  shall  be  unlawful  for  any  Sidafe^by^oS-' 
committee  appointed  for  the  purpose  of  filling  vacancies  mittee  unlawful, 
to  name  a  candidate  of  another  political  party  for  such 
office  or  to  so  name  a  candidate  nominated  by  petition. 
When  the  nomination  of  a  candidate  of  one  party  is  en- 
dorsed by  another,  it  shall  be  done  at  the  time  and  in  the 
manner  provided  for  original  nominations.     (98  v.  176  § 
6a.) 

Note  : — This  section  applies  merely  to  the  filling  of  vacancies  by  the  con- 
trolling committee  of  a  political  party.  A  person  nominated  in  compliance  with 
law  by  a  political  party,  may,  by  the  circulation  of  petitions,  become  an  Inde- 
pendent candidate  and  have  his  name  appear  twice  upon  the  ballot  at  the  munici- 
pal election  as  a  candidate  for  the  same  office.    Atty.  Gen.  8-23-09. 

Section   4996.    Nominations   of   candidates   for   any  Nominations  of 
elective  office  in  any  township  or  in  any  municipality  which  Sffllfi^fn^tJwn- 
at  the  last  preceding  federal  census  had  a  population  of  ^^JPfj.fp"utie8 
less  than  two  thousand  may,  be  made  by  petitions,  signed  having  less  than 
in  the  aggregate  for  each  candidate  by  not  less  than  twenty-  ^-^^^  population, 
five  qualified  electors  of  such  township  or  village.     (103 
V.  844.) 

Section  4997.  Nominations  of  candidates  for  the  How  nomina- 
office  of  membr-  of  the  board  of  education  shall  be  made  "°"'  '"*'*'• 
by  nominating  papers  signed  in  the  aggregate  for  each  can- 
didate by  not  less  than  twenty-five  qualified  electors  of  the 
school  district,  of  either  sex,  in  village  districts  and  in  city 
school  districts  by  not  less  than  two  per  cent  of  the  electors 
voting  at  the  next  preceding  general  school  election  in  such 
city  school  districts.    (103  v.  279.) 


104 


Names  of 
nominees  for 
board  published. 


NOMINATION  OF  CANDIDATES. 


Chap.  7 


Nominations  of 
candidates  for 
ottier  offices. 


Signers  to  name 
committee  to 
Qll   racanclM. 


Signer  pledged 
to  vote  for 
nominee. 


Oath  by  one  of 
the  signers. 


Section  4998.  When  nominations  of  candidates  for 
member  of  the  board  of  education  have  been  made  by 
nomination  papers  filed  with  the  board  of  deputy  state 
supervisors,  as  herein  provided,  such  board  of  deputy  state 
supervisors  shall  publish  on  two  different  days  prior  to 
the  election  a  list  of  the  names  of  such  candidates  in  two 
newspapers  of  opposite  politics  in  the  school  district,  if 
there  is  such  printed  and  published  therein.  If  no  news- 
paper is  printed  in  such  school  district,  the  board  shall 
post  such  list  in  at  least  five  public  places  therein.  (R.  S. 
Sec.  3897a.) 

Section  4999.  Nominations  of  candidates  for  other 
offices,  may  be  made  by  petitions,  signed  for  each  candidate 
by  qualified  electors  of  the  state  or  the  district,  or  county 
for  which  such  candidates,  are  nominated,  not  less  in  num- 
ber than  one  for  each  one  hundred  persons  who  voted  at 
the  next  preceding  general  election  in  the  state,  district  or 
county.     (103  v.  844.) 

Section  5000.  Signers  of  such  nomination  papers 
shall  insert  in  them  the  names  and  addresses  of  such  per- 
sons as  they  desire  to  the  number  of  five  as  a  committee 
who  may  fill  vacancies  caused  by  death  or  withdrawal. 
(97  V.  226  §  7.) 

Section  5001.  Such  nomination  papers  shall  contain 
a  provision  to  the  effect  that  each  signer  thereto  thereby 
pledges  himself  to  support  and  vote  for  the  candidate  or 
candidates  whose  nominations  are  therein  requested.  Each 
elector  signing  a  nomination  paper  shall  add  to  his  signa- 
ture his  place  of  residence  and  may  subscribe  to  one  nomi- 
nation to  each  office  to  be  filled  and  no  more.     (97  v.  226 

§7.) 

Section  5002.  One  of  the  signers  to  each  such  sepa- 
rate paper  shall  swear  that  the  statements  therein  are  true 
to  the  best  of  his  knowledge  and  belief  and  the  certificate 
of  such  oath  shall  be  annexed.     (97  v.  226  §  7.) 


Note  :— The  requirement  of  Sec.  7  of  the  Act  of  April  8,  1898  (93  O.  L.  93), 
that  papers  to  secure  the  nomination  of  candidates  for  public  offices  "shall  contain 
a  provision  to  the  effect  that  each  signer  thereto  pledges  himself  to  support  and 
vote  for  the  candidate  or  candidates  whose  nominations  are  therein  requested," 
operating  uniformly  and  impartially  upon  all  classes  of  electors  and  interposing 
no  unreasonable  impediment  to  the  exercise  of  the  elective  franchise,  is  valid, 
state  ex  rel.  v.  Poston,  59  0.  S.  122. 


Contents  of 
certificates. 


Section  5003.  Besides  containing  the  names  of  can- 
didates, all  certificates  of  nomination  and  nomination 
papers  shall  specify  as  to  each  candidate : 

1.  The  office  for  which  he  is  nominated ; 

2.  The  party  or  political  principle  which  he  repre- 
sents, expressed  in  not  more  than  three  words: 

3.  His  place  of  residence,  with  street  and  number 
thereon,  if  any. 

In  nominations  by  petition,  the  certificate  may  desig- 
nate instead  of  a  party  or  political  principle  any  name  or 
title  which  the  signers  may  select.  Candidates  nominated 
by  petition  without  distinctive  appellations  shall  be  certified 


Chap.   7  NOMINATION  OP  CANDIDATES.  lOS 

as  independent  candidates.  In  case  of  electors  of  president 
and  vice  president  of  the  United  States,  the  names  of  the 
candidates  for  president  and  vice  president  shall  be  added 
to  the  party  or  political  appellation.    (89  v.  435  §  8.) 

Section  5004.     Certificates  of  nomination  and  nomi-  ^h^gn^ceSfflcate 
nation  papers  of  candidates  shall  be  filed  as  follows :  of  nomination 

For  state  officers,  presidential  electors,  United  States  JSpe?s'iau"be 
Senator  and  congressman-at-large,  with  the  state  supervisor  fi'«<i- 
of  elections  in  the  manner  following.  All  petitions  signed 
in  any  county  of  the  state  shall  be  filed  with  the  board  of 
deputy  state  supervisors  of  elections  of  such  county  prior 
to  the  sixtieth  day  before  the  date  of  the  election  and  shall 
remain  open  to  public  inspection  in  the  office  of  such  board 
for  a  period  of  five  days  immediately  prior  to  the  fifty-fifth 
day  before  such  election,  during  which  time  objections  may 
be  filed  thereto  and  the  same  heard  by  such  board,  which 
shall,  on  or  before  the  fiftieth  day  before  such  election, 
transmit  such  petitions  and  objections,  if  any,  to  the  state 
supervisor  of  elections  together  with  a  copy  of  their  find- 
ings on  such  objections,  if  any,  and  a  certificate  stating  the 
number  of  bona  fide  electors  of  such  county  whose  names 
appear  attached  thereto ; 

For  offices  to  be  filled  by  the  electors  of  a  district,  or 
subdivision  of  a  district,  composed  of  two  or  more  counties, 
with  the  chief  deputy  state  supervisor  of  the  county  in  the 
district,  or  subdivision,  containing  the  greatest  number  of 
inhabitants,  as  ascertained  by  the  last  federal  census,  not 
less  than  sixty  days  previous  to  the  day  of  election. 

For  county  offices  or  offices  to  be  filled  by  the  electors 
of  a  district  lying  within  a  county,  with  the  board  of  deputy 
state  supervisors  of  the  county,  not  less  than  sixty  days 
previous  to  the  date  of  election ; 

For  township  or  municipal  officers,  justices  of  the 
peace,  or  members  of  the  board  of  education,  with  the  board 
of  deputy  state  supervisors  of  the  county,  not  less  than 
sixty  days  previous  to  the  date  of  election ; 

For  municipal  officers  and  for  members  of  boards  of 
education  in  municipalities,  situated  in  two  or  more  coun- 
ties, with  the  board  of  deputy  state  supervisors  of  the  county 
containing  the  majority  population  of  such  municipality, 
not  less  than  sixty  days  previous  to  the  day  of  election. 
(104  V.  10.) 

See  section  4818. 

Note  : — The  provisions  of  the  law  fixing  the  time  within  which  nominations 
shall  be  filed  Is  mandatory,  and  If  not  strictly  compiled  with  the  names  of  per- 
sons afterwards  certified  to  the  board,  should  not  be  printed  upon  the  ballot. 

While  this  section  should  be  observed  by  the  board,  It  should  not  apply  In  a 
case  where  an  effort  was  made  to  file  within  time,  but  owing  to  the  absence  of 
the  board  and  clerk  the  presentation  of  the  paper  was  delayed.  In  such  case  the 
papers  should  be  dated  as  of  the  date  on  which  such  attempt  to  file  was  made. 

A  court  win  not  compel  a  board  of  deputy  state  supervisors  to  hear  and 
determine  objections  to  the  nomination  of  candidates  for  office,  the  determination 
of  which  requires  a  recount  of  the  ballots  cast  at  the  primary  election,  where  the 
written  objections  are  filed  after  the  time  fixed  by  statute  for  the  destruction  of 
these  ballots.    State,  ex  rel..  v.  Swan.  91  0.  S.  61. 

A  nominating  petition  of  one  seeking  to  qualify  as  a  candidate  In  an  election 
to  be  held  on  November  2d  may  be  filed  as  late  as  September  3d.  State,  ex  rel., 
T.  Board  of  Deputy  State  Supervisors,  93  0.  S.  14. 

Under  the  provlBlons  of  this  section  the  period  for  filing  nomination  petitions 


106 


NOMINATION  OF  CANDIDATES. 


Chap.  7 


When  certificates 
and  nomination 
papers  deemed 
valid. 


does  not  expire  until  the  end  of  the  sixtieth  day  previous  to  the  day  of  election, 
and  it  is  the  duty  of  the  board  of  deputy  state  supervisors  of  elections  to  provide 
opportunity  for  the  presentation  of  the  petitions  up  to  midnight  of  that  day.  State, 
ex  rel.,  v   Board  of  Deputy  State  Supervisors,  93  0.  S.  14. 

Where  a  statute  requires  that  an  act  be  performed  a  fixed  number  of  days 
previous  to  a  specified  day,  the  last  day  should  be  excluded  and  the  first  day 
included  in  making  the  computation.  State,  ex  rel.,  v.  Board  of  Deputy  State 
Supervisors,  93  0.  S.  14. 

Section  5005.  When  so  filed,  certificates  of  nomina- 
tion and  nomination  papers  shall  be  preserved  and  be  open, 
under  proper  regulations,  to  public  inspection.  If  in  ap- 
parent conformity  with  the  provisions  of  this  chapter,  they 
shall  be  deemed  to  be  valid  unless  objection  thereto  is  duly 
made  in  writing  within  five  days  after  the  filing  thereof. 
(97  V.  227  §  10.) 


Note  : — Where  two  certificates  of  nominations  for  county  offices,  both  claim- 
ing to  be  the  regular  nominations  of  the  same  political  party,  are  filed,  and 
written  objections  are  duly  filed  to  one  of  such  certificates  and  none  to  the  other, 
a  controversy  is  thereby  raised  as  to  the  validity  of  the  latter  certificate  and  as 
to  it  the  other  certificate  and  the  written  objections  thereto  operate  as  written 
objections  within  the  meaning  of  Section  5005 ;  and  the  court  of  common  pleas  is 
without  authority  to  restrain  the  deputy  state  supervisors  of  the  county  from  con- 
sidering such  certificates  and  the  controversy  arising  thereon  and  from  certify- 
ing to  the  state  supervisor  of  elections  their  failure  to  arrive  at  a  decision  there- 
on ;  and  such  court  is  without  authority  to  require  the  deputy  state  supervisors, 
by  mandamus  or  otherwise,  to  cause  the  names  appearing  in  the  certificate  to 
which  specific  objections  were  cot  filed  to  be  printed  on  the  official  ballot. 
State  ex  rel.  Martin  v.  Thompson,  71  0.  S.  76. 


Consideration  of 
objections  and 
other  questions 
to  nominations. 


Section  5006.  Such  objections  or  other  questions, 
arising  in  the  course  of  the  nomination  of  candidates,  shall 
be  considered  as  follows : 

For  state  officers,  United  States  senator,  congressman- 
at-large  and  presidential  electors  by  the  state  supervisor  of 
elections,  and  his  decision  shall  be  final ; 

For  district  offices  or  offices  in  a  subdivision  of  a  dis- 
trict, by  the  chief  deputies  and  clerks  of  the  boards  of 
deputy  state  supervisors  of  the  several  counties  comprising 
the  district  or  subdivision,  and  their  decision  shall  be  final ; 

For  county  offices  and  offices  of  a  district  lying  within 
a  county,  by  the  board  of  deputy  state  supervisors  of  the 
county  and  its  decision  shall  be  final ; 

For  township  or  municipal  offices,  justices  of  the  peace, 
or  members  of  the  board  of  education,  by  the  board  of 
deputy  state  supervisors  of  the  county,  and  its  decision 
shall  be  final ; 

In  municipalities  situated  in  two  or  more  counties,  such 
objections  or  other  questions  may  be  submitted  by  the  board 
of  deputy  state  supervisors  of  the  county  where  filed,  di- 
rectly to  the  state  supervisor,  and  his  decision  shall  be 
final.     (104  V.  10.) 


See  section  4818. 
*u     The  deputy  state  supervisors  of  elections  have  general  authority  to  pass  upon 
the  validity  of  nominating  papers. 

state  ex  rel.  Brubaker,  17  O.  C.  C.  542. 
Note  :— The  deputy  supervisors  of  election  of  the  county  have  the  power  to 
decide  questions  of  substance,   as  well   as  form.     Questions  that   arise   in   the 
course  of  the  nomination"  of  candidates,  including  those  which  arose  before,  as 
well  as  after,  the  certificates  of  nomination  are  made  by  the  proper  persons 
Their  decision  of  such  questions  is  final.  ^    f      v 

Gregg  v.  Rogers.  1  N.  P.  117. 

♦«  ol^^ff®  ^*  appears  that  such  certificate  has  been  filed  in  ample  time  in  which 
to  advertise  for  bids  and  print  the  ballots  and  no  objection  is  made  otherwise. 


Chap.  7 


NOMINATION  OP  CANDIDATES. 


107 


except  as  to  the  precise  time  In  which  it  was  done  and  that  the  non-obeervance 
in  this  regard  could  not  affect  the  result  of  the  election,  its  fairness  or  honesty, 
such  certificate  so  filed  will  be  deemed  to  be  filed  within  time  notwithstanding 
the  requirement  of  the  statute  is  mandatory  in  form. 

State  ex  rel.  Fulton  v.  Deputy  State  Supervisors,  17  C.  C.  397. 

Section  5006  requires  that  objections  or  other  questions  arising  in  the  course 
of  nominations  for  candidates  for  district  offices,  "shall  be  considered  by  the 
chief  deputy  state  supervisors  and  clerks  of  said  election  boards  of  the  several 
counties  comprisinp:  the  district" ;  but  such  chief  deputies  are  not  thereby  con- 
stituted a  board  with  continuing  functions,  nor  a  board  in  any  sense.  Randall 
v.  State,  64  O.  S.  57,  approved  and  followed. 

State  ex  rel.  Hlldebrandt  v.  Stewart,  Chief  Deputy,  71  0.  S.  55. 

When  such  chief  deputy  state  supervisors  and  clerks  have  been  called  to- 
Kether  to  consider  objections  to  and  controversies  concerning  rival  nominations 
and  they  have  considered  the  same  and  rendered  their  decisions  thereon  and 
adjournd  sine  die,  their  functions  as  to  such  objections  and  controversies  are  at 
an  end,  and  such  decision  is  final  in  the  sense  that  it  is  so  far  conclusive  as  to 
those  objections  and  controversies  that  the  same  cannot  be  again  considered  by 
the  chief  deputy  slate  supervisors  and  clerks  nor  by  those  succeding  them  In 
office. 

State  ex  rel.  Hlldebrandt  v.  Stewart.  Chief  Deputy,  71  0.  S.  55. 

A  court  will  not  compel  a  board  of  deputy  state  supervisors  to  hear  and 
determine  objections  to  the  nomination  of  candidates  for  office,  the  determination 
of  which  requires  a  recount  of  the  ballots  cast  at  the  primary  election,  where  the 
written  objections  are  filed  after  the  time  fixed  by  statute  for  the  destruction  of 
these  ballots. 

State,  ex  rel.,  v.  Swan,  91  O.  S.  61. 

A  person  who  acts  as  secretary  of  two  rival  conventions  may  be  compelled 
by  mandamus  to  execute  certificates  of  nomination  made  by  each  convention, 
in  order  that  rival  candidates  may  present  their  claims  for  determination  by 
the  election  board  named  in  Section  5006. 

See  State  ex  rel.  Milner  v.  Jones,  Secretary,  74  0.  S.  418. 

Upon  submlSvSion  of  objections  to  certificates  of  nomination,  by  board  of 
deputy  state  supervisors  to  state  supervisor  of  elections,  his  decision  thereon  Is 
final,  and  the  board  of  deputy  state  supervisors  refusing  to  comply  therewith  may 
be  compelled  to  do  so  by  mandamus.  And  an  answer  stating  that  they  have 
been  enjoined  by  the  court  of  common  pleas  or  a  judge  thereof,  states  no  valid 
excuse  for  refusing  to  comply  with  the  decision  of  the  state  supervisor.  In  such 
case  the  court  of  common  pleas  has  no  Jurisdiction  of  the  subject  matter  and  its 
order  of  injunction  is  void. 

Chapman  v.  Miller,  et  al.,  52  0.  S.166. 

The  decision  of  the  secretitry  of  state,  acting  as  state  supervisor  of  elections, 
upon  written  objections  to  certificates  of  nomination  and  nomination  papers  or 
upon  other  questions  arising  In  the  course  of  the  nomination  of  candidates,  as 
provided  in  Sections  5005,  5006  and  5007  of  the  General  Code.  Is  final. 
State  ex  rel.  Buel  v.  .Toyce.  et  al.,  87  O.  S.  126. 


Section  5007.  The  votes  of  at  least  three  depnty 
state  supervisors  for  the  connty  or  a  majority  of  the  chief 
deputies  and  clerks  of  the  district  or  siihdivision  of  the  dis- 
trict shall  he  necessary  to  a  decision.  In  all  cases  under 
this  title  in  the  event  of  a  disaerreement,  or,  if  no  decision 
can  he  arrived  at,  the  matter  in  controversy  shall  he  snh- 
mitted  to  the  state  supervisor  of  elections,  who  shall  sum- 
marily decide  the  question  so  suhmitted  to  him,  and  his  de- 
cision shall  he  final.     (103  v.  845.) 


Majority 
neceeaary. 


Questions  may 
be  submitted  to 
the  state  super- 
visor in  cases  of 
disagreement 


Note  : — The  decision  of  the  state  supervisor  of  elections  as  to  matters  In 
controversy  submitted  to  him  by  the  deputy  state  supervisors,  is  final.  It  is  the 
duty  of  said  deputy  state  supervisors  to  obey  such  declsrinn  of  the  state  super- 
visor of  elections,  and  It  is  error  for  a  court,  by  mandamus  or  otherwise,  to 
order  such  deputy  state  supervisors  to  perform  and  act  contrary  to  such  deci- 
sion of  the  state  siipervisor  of  elections. 

Randall  et  al.  v.  State  ex  rel.  Hunter.  64  0.  S.  57. 

When  nominations  of  candidates  for  county  offices  have  been  made  by  any 
convention  or  primary  election  of  a  political  nartv  of  a  county  under  this  section, 
and  such  nominations  have  been  duly  certified  to  the  board  of  deputy  state 
supervisors  of  elections  of  such  county,  and  objections  thereto  have  been  filed 
in  writing  within  five  days  after  such  nominations  have  been  filed,  such  deputy 
state  supervisors  have  authority  under  section  5006  O.  C.  to  consider  and  deter- 
mine all  such  objections  and  questions  so  arising,  and  that  their  decision  In  such 
case  Is  final. 

The  state  supervisor  of  elections  may  not  determine  the  validity  of  nom- 
inations for  county  and  local  officer^  unless  the  board  of  deputy  state  supervisors 
falls  to  agree.    Atty.  G«n.  8-18-1908, 


106 


NOMINATION  OF  CANDIDATES. 


Chap.  7 


Notice  of  objec- 
tion must  be 
firlven. 


Certified  party 
name  may  be 
rejected,  when. 


How  vacancy  on 
ticket  filled,  or 
defect  In  cer- 
tificate cor- 
rected. 


Section  5008.  When  any  such  objection  is  so  made, 
or  any  question  so  arises,  notice  thereof  shall  forthwith  be 
mailed  to  the  candidates  affected  thereby  and  to  any  party 
committee  especially  interested.     (97  v.  227  §  10.) 

Section  5009.  In  the  decision  of  any  question  as  t-o 
the  proper  political  or  party  designation  of  candidates,  the 
proper  officers  herein  named  may  distinguish  between  can- 
didates nominated  by  primary  and  those  nominatd  by  peti- 
tions. A 'party  or  political  designation  certified  by  peti- 
tioners in  nominating  petitions  at  any  election  may  be  re- 
jected if,  from  similarity  to  the  name  of  any  existing  polit- 
ical party,  such  officers  deem  it  likely  to  mislead  or  con- 
fuse voters.     (103  v.  845.) 

Section  5010.  If  a  person  nominated  as  herein  pro- 
vided die,  withdraw,  or  decline  the  nomination,  or  if  a  cer- 
tificate of  nomination  is  insufficient  or  imperfect,  the  va- 
cancy thus  occasioned,  may  be  filled  or  the  defect  corrected 
in  the  manner  required  for  original  nominations.  Such 
nomination  to  fill  a  vacancy,  or  corrected  certificate  must 
be  certified  to  the  secretary  of  state  at  least  thirty  days  or 
to  the  board  of  deputy  state  supervisors  at  least  twenty- 
five  days  previous  to  the  day  of  election.  If,  when  the  orig- 
inal nomination  was  certified,  there  was  certified  a  com- 
mittee authorized  to  represent  the  party,  as  herein  pro- 
vided, it  may  fill  such  vacancy.     (102  v.  417.) 


After  the  secretary  of  state  has  sent  the  form  of  the  ballot  to  the  deputy  state 
supervisors  it  Is  too  late  to  omit  the  name  of  a  withdrawing  candidate,  there 
being  no  nomination  to  fill  the  vacancy. 

state  ex  rel.  Fitzsimraons  v.  Taylor,  55  0.  S.  385. 


Certificate  In 
case  of  fllline 
vacancy. 


Vacancy  caused 
by  death  of 
candidate  after 
ballots  printed. 


Adhesive  slips 
or  pastiers. 


Section  5011.  "When  a  committee  so  authorized  fills 
any  such  vacancy,  the  chairman  and  secretary  thereof  shall 
thereupon  make  and  file  with  the  proper  officer  a  certificate, 
setting  forth  the  cause  of  the  vacancy,  the  name  of  a  per- 
son nominated,  the  office  for  which  nominated,  the  name  of 
the  person  for  whom  the  new  nominee  is  to  be  substituted 
and  such  other  information  as  is  required  to  be  given  in  an 
original  certificate  of  nomination.  The  certificates  so  made 
shall  be  executed,  acknowledged  and  sworn  to  in  the  man- 
ner prescribed  for  the  original  certificate  of  nomination, 
and,  upon  being  filed  with  the  secretary  of  state  at  least 
thirty  days,  or  with  the  board  of  deputy  state  supervisors 
at  least  twenty-five  days,  before  the  day  of  election,  shall 
have  the  same  force  and  effect  as  an  original  certificate  of 
nomination.     (102  v.  417.) 

Section  5012.  A  vacancy  caused  by  the  death  of  a 
candidate  which  occurs  after  the  printing  of  the  ballots  may 
be  filled  by  filing  the  proper  certificate  with  the  secretary 
of  state  at  least  ten  days,  and  with  the  deputy  state  super- 
visors at  least  five  days,  before  the  day  of  election.  The 
name,  office,  and  party  of  the  candidate  so  nominated  shall 
be  printed  on  adhesive  slips  or  pasters  by  the  board  of 
deputy  state  supei-visors,  and  shall  be  delivered  to  the 
judges  of  election  in  each  precinct  before  the  opening  of 


Chap.  7 


NOMINATION  OP  OANDIDATBS. 


IM 


the  polls  and  by  them  pasted  in  the  proper  place  on  the 
ballot  before  it  is  handed  the  elector.     (103  v.  845.) 


Note  :— Where  a  nomination  has  been  duly  certified  to  the  b«apd  with  whom 
it  should  properly  be  filed,  and  the  candidate  so  nominated  falls  to  withdraw  or 
decline  the  nomination  prior  to  the  time  when  the  nomination  is  required  by  law 
to  be  certified  to  the  other  counties,  the  name  of  the  candidate  cannot  b«  stricken 
from  the  ballot.  In  contemplation  of  law  the  ballot  Is  printed  and  there  Is  no 
way  of  taking  the  name  off  the  ticket. 

State  ex  rel.  v.  Taylor.  55  0.  S.  385. 

Pasters  can  only  be  used  in  cases  where  nominations  have  been  originally 
made  and  a  vacancy  occurs  upon  the  ticket  after  the  ballot  has  been  printed. 

Section  5013.     The  power  to  fill  vacancies  on  a  party  vacaneiea  shaii 
ticket  shall  be  vested  in  the  central  committee  of  such  party  cen*ai*c^- 
or  in  the  case  of  a  vacancy  occurring  in  a  list  of  candidates  m't^e*. 
nominated  by  petition  in  the  committee  named  in  such 
petition.     (103  v.  845.) 

Section  5014.  If  the  certificate  of  nomination  of  any  Derice  to  desn- 
state  convention  requests  that  the  figure  or  device  selected  SfidiSJS. 
by  such  convention  shall  be  used  to  designate  the  candidates 
of  such  party  on  the  ballots  for  all  elections  throughout 
the  state,  such  figure  or  device  shall  be  used  until  changed 
by  request  of  a  subsequent  state  convention  of  the  same 
party.  Such  device  may  be  the  figure  of  a  star,  an  eagle, 
a  rooster,  a  flower,  a  plow  or  some  other  appropriate  sym- 
bol. The  coat  of  arms  or  seal  of  the  State  or  of  the  United 
States,  the  national  flag  or  any  other  emblem  common  to 
the  people  at  large  shall  not  be  used  as  such  device.  (89  v. 
437  §  12.) 


.The  state  supervisor  of  elections  is  not  required  by  Section  12  of  the  Aus- 
tralian Ballot  Law,  Rates  R.  S.  2966-25,  to  cause  to  be  printed  on  the  ballots  to 
be  used  at  an  election,  a  device  selected  and  certified  by  a  state  convention  which 
did  not  represent  a  political  party  that  at  the  next  preceding  election  polled  at 
least  one  per  cent,  of  the  entire  vote  cast  for  the  state ;  nor  a  device  certified  In 
nomination  papers  for  a  ticket  nominated  by  that  method. 

State  ex  rel.  Lewis  v.  Kinney,  Secretary,  0.  8.  221. 


Section  5015.  Immediately  after  the  expiration  of 
the  time  within  which  certificates  of  nomination  and  nomi- 
nating petitions  may  be  filed  and  within  which  objections 
thereto  may  be  made,  as  provided  in  the  preceding  sections, 
they  shall  be  certified  as  follows : 

The  state  supervisor  of  elections  shall  certify  the  nomi- 
nations so  filed  with  him,  together  with  a  form  of  official 
ballot  therefor,  to  the  several  boards  of  deputy  state  super- 
visors of  the  counties  of  the  state. 

The  chief  deputy  state  supervisor  of  the  district  or 
subdivision  with  whom  the  certificates  of  district  or  sub- 
division nominations  have  been  filed  shall  immediately 
certify  such  nominations  to  the  boards  of  deputy  state 
supervisors  in  each  of  the  other  counties  in  such  district  or 
subdivision. 

The  board  of  deputy  state  supervisors  of  the  county 


When  nomlBa- 
tlons  certified. 


110  NOMINATION  OF  CANDIDATES.  Chap.    7 

containing  the  majority  population  of  a  municipality  sit- 
uated in  two  or  more  counties,  shall  immediately  certify  to 
the  boards  of  deputy  state  supervisors  of  the  other  county 
or  counties,  copies  of  the  certificates  of  nominations  and 
nomination  papers  of  such  municipal  officers  or  members 
.  of  the  board  of  education  that  have  been  filed  with  such 
board.     (103  v.  420.) 


CHAPTER  8. 
BALLOTS  AND  SUPPLIES. 


Section 
5016. 


5017. 


5018. 
5018-1. 


5019. 


5020. 
5021. 


5021-1. 

5022. 
5023. 
5024. 
5025. 

5026. 
5027. 
5028. 


5029. 
5030. 

5031. 
5032. 
5033. 
5034. 
5035. 
5036. 


Names  of  candidates  shall  be  placed 
on  same  ballot. 

Contents  of  official  ballot;  arrangement 
of  ticlsets;  separate  ballot  for  presi- 
dential electors;  names  of  candidates 
for  president  and  vice  president. 

Arrangement  of  tickets  on  ballot. 

When  names  of  sevei-al  persons  are 
grouped  as  candidates  for  same  office. 

How  constitutional  amendment  shall  be 
submitted. 

When  other  question  is  submitted. 

Provisions  relating  to  printed  form  of 
ballot:  form  of  ticket  for  presidential 
electors. 

Absent  voter's  ballot;  preparation  and 
form. 

Indorsements  specified. 

Ballots. 

Main  and  secondary  stubs. 

General  provisions  relative  to  printing 
ballots. 

Device  and  circle  at  head  of  ticket. 

Separation  of  party  tickets  by  borders. 

Separate  ballots  for  township  officers 
provided,  when ;  ballots  for  candi- 
dates grouped  for  same  office. 

Separate  ballots  for  each  precinct. 

Municipalities  containing  less  than  fifty 
voters. 

Territory  annexed  for  school  purposes. 

Ballots  for  school  board. 

How  ballot  for  school  board  printed. 

School  districts  in  cities. 

Ballots  for  assessor  of  real  property. 

Submission  of  proof  of  ballot. 


Skction 

5037.  Sealing  and  delivery  of  ballots. 

5038.  Delivery  of  ballots  and  supplies. 

5039.  Delivery  of  ballots  In  registration  cities. 

5040.  Replacing  of  supplies  lost  or  destroyed. 

5041.  Opening    of    packages;    cards    of    in- 

struction. 

5042.  Extra  ballots. 

5043.  Compensation    of    Judge    or    chairman 

called  to  deliver  ballots  and  supplies. 

5044.  Voting  shelf. 

5045.  Who  permitted  within  guard  rail. 

5046.  Placing  of  equipment  for  election. 

5047.  Secretary  of  state  shall  furnish  forms 

for  guidance  of  board. 

5048.  Poll  books  and  tally  sheets. 

5049.  Poll  books  and  taly  sheets  for  school 

elections. 

5050.  Contract  for  printing  ballots  and  other 

supplies. 

5051.  Bond  of  bidder  for  printing. 

5052.  Election  expenses,  how  paid, 

5053.  Apportionment   of  expenses. 

5054.  Tax  levy. 

ELECTION   OF  JUDGES. 

1467.  Chief  justice,  election,  term, 

1468.  Election  of  judges. 

1514.  The  court  of  appeals;  term  of  judges; 
jurisdiction. 

5054-1.     Election  of  judges  . 

5054-2.    Judicial  ticket. 

5054-3,  Form  of  official  ballot  certified  to  dep- 
uty state  supervisors  and  Inspectors. 

5054-4.    Number  of  ballots,  how  divided. 

5054-5.    Marking. 


Section  5016.  Except  as  in  this  chapter  provided, 
the  names  of  all  candidates  to  be  voted  for  on  the  first 
Tuesday  after  the  first  Monday  in  November  shall  be  placed 
upon  the  same  ballot.     (99  v.  399  §  3.) 

Section  5017.  Every  ballot  intended  for  the  use  of 
electors,  printed  in  accordance  with  the  provisions  of  this 
chapter,  shall  contain  the  names  of  all  the  candidates  whose 
nominations  for  any  office  specified  in  the  ballot  have  been 
duly  made  and  not  withdrawn  in  accordance  herewith,  ar- 
ranged in  tickets  or  lists  under  the  respective  party  or 
political  or  other  designation  certified;  except  that  at  the 
elections  when  presidential  electors  are  to  be  voted  for  the 
names  of  all  candidates  for  presidential  electors  shall  be 
printed  on  a  separate  ballot.  On  the  separate  ballot  for 
presidential  electors  the  secretary  of  state  shall  place  the 
names  of  the  candidates  for  president  and  vice-president  on 
the  proper  ticket,  immediately  following  the  name  of  the 
party,  and  immediately  preceding  the  names  of  the  presi- 
dential electors.     (107  0.  L.  15.) 

Section  5018.  In  general  the  arrangement  of  the  bal- 
lot shall  conform  as  nearly  as  practicable  to  the  plan  herein- 
after given.  The  tickets  of  the  various  political  parties 
shall  be  printed  in  parallel  columns  headed  by  the  chosen 

(111) 


Names   of   can- 
didates shall 
be  on  same 
ballot 


Contents  of 
ballot;  arrange- 
ment of  tickets. 


Separate  ballot 
for  presidential 
electors;  candi- 
dates for  pres- 
ident and  vice 
president. 


Arrangement 
of  tickets  on 
ballot. 


112 


BALIiOTS  AND  SUPPLIES. 


Chap.  8 


When  Barnes 
•f  sevtnl 

P«r»018  %T9 

irou9«4  M 
caadliatM  for 
tame  oflce. 


Mow  e*Mtitu- 
tloul  ftaiMi- 

meats  akall  ¥• 
submlttsi. 


device  upon  a  shaded  background,  and  the  party  names  in 
such  order  as  the  secretary  of  state  directs,  precedence  being 
given  to  the  political  party  which  held  the  highest  num- 
ber of  votes  for  governor  at  the  next  preceding  November 
election,  and  so  on.  The  tickets,  or  lists,  of  candidates 
nominated  by  nomination  papers,  with  their  party  names 
or  designations,  shall  be  printed  at  the  right  of  and  parallel 
with  the  tickets  of  political  parties  in  such  order  as  the 
secretary  of  state  directs,  precedence  being  given  to  the 
order  herein  prescribed  for  party  tickets.  No  ticket  or  list 
of  candidates  containing  more  candidates  for  any  office  than 
are  to  be  elected  shall  be  printed  under  the  name  of  any 
party.     (104  v.  11.) 

It  is  the  impcratiTe  duty  of  the  secretary  of  state,  as  state  supervisor  of 
elections,  to  send  to  the  deputy  supervisors  the  form  of  ballot  to  be  used  at 
an  approaching  elction  immediately  upon  the  expiration  of  the  time  allowed 
for  correcting  the  certificates  of  nomination. 

The  eecretary  harina:  rightly  performed  that  duty  properly  refused  to   ♦i'- 
struct  the  deputy  eupervisors  to  omit  from  the  ticket  the  name  of  a  candidate 
who  subsequently  withdrew  there  being  no  nomination  to  fill  the  vacancy. 
State  ex  rel.  Fltzsimmons  v.  Taylor,  Secretary,  55  0.  S.  385. 

Section  5018-1.  Where  the  names  of  several  persons 
are  grouped  together  upon  the  ballots  as  candidates  for  the 
same  office,  the  ballot  shall  contain,  immediately  above  the 
names  of  such  candidates  the  words  ''Vote  for  not  more 
than "  (filling  the  blank  space  with  the  num- 
ber of  persons  who  may  lawfully  be  elected  to  such  office) . 
(103  v.  27.) 

Section  5019.  When  an  amendment  to  the  constitu- 
tion is  to  be  submitted  to  the  electors  for  their  approval  oi 
rejection,  such  amendment  shall  be  so  submitted  on  a  sep- 
arate ballot  at  the  top  of  which  shall  be  printed  the  words 
''Proposed  Amendment  to  the  Constitution,"  or,  if  more 
than  one  such  amendment  is  submitted  at  the  same  election, 
such  heading  shall  be  "Proposed  Amendments  to  the  Con- 
stitution." Each  amendment  shall  be  stated  thereon  in 
language  sufficient  to  clearly  designate  it,  which  statement 
shall  be  printed  in  a  space  defined  by  ruled  lines  with  two 
squares  to  the  left  thereof,  the  upper  of  which  shall  con- 
tain the  word  ' '  Yes, ' '  and  the  lower  the  word  ' '  No.  * '  There 
shall  be  two  similar  blank  squares,  one  on  the  left  of  that 
containing  the  word  "Yes,"  and  one  to  the  left  of  that 
containing  the  word  "No."  Persons  desiring  to  vote  in 
favor  of  any  such  amendment  shall  do  so  by  making  a 
cross  mark  in  the  blank  square  to  the  left  of  the  word 
"Yes,"  and  those  desiring  to  vote  against  the  same  shall 
do  so  by  making  a  cross  mark  in  the  blank  square  to  the 
left  of  the  word  "No."  More  than  one  such  amendment 
may  be  submitted  on  the  same  ballot.  The  provisions  of 
.this  title,  so  far  ?s  practicable,  shall  apply  to  the  marking 
of  ballots  and  th)  counting  of  votes  upon  any  constitutional 
amendments  so  submitted.  All  such  ballots  shall  be  de- 
posited in  a  separate  ballot  box.     (103  v.  554.) 

If  the  majority  of  the  electors  voting  on  the  same  shall  adopt  such  am^na- 
ments  Uie  same  shall  become  a  part  of  the  constitution.  (Constitution,  article 
16.  section  1.) 


Chap.  8 


BALLOTS  AND  SUPPLIES. 


118 


The  language  of  the  constitution  definitely  and  distinctly  was  Intended  to 
appropriate  the  general  state  election  machinery  for  the  adoption  or  rejection 
of  amendments  to  the  constitution  proposed  under  Its  provisions,  G.  C,  Sec, 
4785  must  be  presumed  to  have  been  in  contemplation  of  both  framers  of  the 
constitutional  amendments  and  the  legislature.  Its  provisions,  aa  well  as  those 
of  the  constitution,  are  sufficient  to  require  the  elections  on  amendments  to  be 
conducted  according  to  law.  Furthermore  Q.  C.  Sec.  5019  was  specially  amended 
to  provide  for  election  on  referendum  of  laws  and  constitutional  amendments, 
and  Is  adequate  for  that  purpose:  Hockett  v.  Liquor  License  Board.  16  O.  N. 
P,  (N.  S.)  417,  25  O.  D.  (N,  P.)  117;  affirmed  by  the  court  of  appeals,  which 
wasf  affirmed.  Hockett  v.  Liquor  Licensing  Board.  91  O.  S.  176. 

Section  5020.  When  the  approval  of  a  question  other 
than  a  constitutional  amendment,  is  to  be  submitted  to  a 
vote,  such  question  shall  be  printed  on  a  separate  ballot 
and  deposited  in  a  separate  ballot  box,  to  be  presided  over 
by  the  same  judges  and  clerks  of  election.    (97  v.  231  §  18.) 

Section  5021.  The  ballot  shall  be  so  printed  as  to  give 
each  elector  a  clear  opportunity  to  designate  by  a  cross 
mark  in  a  large  blank  circular  space,  three-quarters  of  an 
inch  in  diameter,  below  the  device  and  above  the  name  of 
the  party  at  the  head  of  the  ticket  or  list  of  candidates  his 
choice  of  a  party  ticket  and  desire  to  vote  for  each  and 
every  candidate  thereon,  and  by  a  cross  mark  in  a  blank 
enclosed  space  on  the  left  and  before  the  name  of  each  can- 
didate his  choice  of  particular  candidates.     (107  0.  L.  15.) 

Section  5022.  On  the  back  of  the  ballot  shall  be 
printed  ** official  ballot,"  the  date  of  the  election  and  fac- 
simile of  the  signatures  of  the  officers  who  have  caused 
the  ballots  to  be  printed;  provided,  that  all  ballots  con- 
taining names  of  candidates  for  municipal,  township,  Aboard 
of  education,  and  assessor  or  assessors  of  real  property 
offices,  shall  have  printed  on  the  back,  "official  municipal 
ballot,"  ** official  township  ballot,"  "official  board  of  educa- 
tion ballot,"  "official  assessor  of  real  property  ballot,"  or 
'  *  official  assessors  of  real  property  ballot, "  or  by  such  other 
name  as  may  properly  describe  the  ballot,  as  the  same  may 
be,  followed  by  the  date  of  the  election  and  facsimile  of  the 
signatures  of  the  officers  who  have  caused  the  ballots  to  be 
printed.     (101  v.  34.) 

Section  5023.  The  ballots  shall  be  printed  on  the 
same  leaf  with  a  double  stub  and  separated  therefrom  by  a 
perforated  line  and  shall  be  bound  with  the  stub  attached 
thereto  in  books  or  blocks,  one  for  each  voting  precinct, 
which  book  or  block  shall  contain  at  least  twenty-five  per 
cent,  more  ballots  than  there  were  votes  cast  at  such  pre- 
cinct at  the  preceding  general  election.  Upon  the  covers 
of  such  books  or  blocks  shall  be  printed  the  designation  of 
the  precinct  for  which  the  ballots  have  been  prepared.  (101 
V.  228.) 

Section  5024.  The  main  stub  shall  be  printed  as  fol- 
lows:   Consecutive  number ,  (after  these  words  the 

consecutive  number  shall  be  printed,  beginning  with  one 
and  increasing  in  regular  numerical  order) ;  the  deputy 
state  supervisors  may  direct  that  such  consecutive  numbers 
shall  not  be  printed  but  shall  be  written  by  the  ballot  officer 
before  delivering  the  ballot  to  the  elector. 

Name  of  voter (After  these 

words,  the  clerk  shall  write  the  voter's  name.) 


When  other 
question  Is 
submitted. 


Printed  form 
of  ballot. 


Indorsements 
specified. 


How  ballots 
shall  be  printed. 


Main  and  sec- 
ondary stabs. 


114 


BALLOTS  AND  SUPPLIES. 


Chap.  8 


General   pro- 
visions relatlre 
to    printing 
ballots. 


Absent  voter's 
ballot;  prepara- 
tion and  form. 


Device  and 
circle   at  head 
of  ticket. 


Separation  of 
party  tickets 
by  borders. 


Residence (After  this  word  the 

clerk  in  cities  where  registration  is  required  shall  write  the 
voter's  residence.) 

The  secondary  stub  shall  be  printed  sm  follows : 

Name  of  voter  or  registered  number (After 

these  words,  in  precincts  where  the  registration  law  is  in 
force,  the  clerk  shall  write  the  registered  number  of  the 
voter  and  in  other  precincts,  he  shall  write  the  voter's 
name.)     (97  v.  231  §  18.) 

Section  5025.  All  ballots  shall  be  printed  on  the  best 
quality,  number  two,  book  paper,  in  black  ink,  and,  with 
the  exception  of  the  heading,  which  shall  be  in  display,  in 
brevier  type,  the  name  or  designation  of  the  office  in  lower 
case,  and  the  name  of  the  candidate  therefor  in  capital 
letters,  with  a  space  of  at  least  one-fifth  of  an  inch  following 
each  name.  The  name  of  each  candidate  shall  be  printed 
in  a  space  defined  by  ruled  lines,  and  Avith  a  blank  square 
on  its  left,  enclosed  by  heavy,  dark  lines.  If  upon  a  ticket 
there  is  no  candidate  or  candidates  for  a  designated  office, 
a  blank  space,  equal  to  the  space  that  would  be  occupied  by 
such  name  or  names  if  they  were  printed  thereon  with  the 
blank  spaces  herein  provided  for,  shall  be  left.     (97  v.  231 

§18.) 

Section  5025-1.  Ballots  for  the  use  of  absent  voters 
for  the  several  precincts  of  the  state  and  for  every  election 
held  therein  shall  be  prepared  in  accordance  with  law 
as  are  the  regular  voter's  ballots  in  the  same  form  and  on 
paper  of  the  same  quality,  and  in  addition  to  the  number  of 
ballots  provided  by  law  for  the  use  of  the  voters  in  the 
several  voting  precincts  of  the  state,  there  shall  be  such  an 
additional  number  of  such  absent  voter's  ballots  printed  as 
the  county  boards  of  deputy  state  supervisors  of  election 
shall  determine  to  be  necessary  for  use  in  the  several  pre- 
cincts of  their  respective  counties.  These  ballots  shall  be 
so  printed  and  along  with  all  other  absent  voter's  supplies 
shall  be  prepared  for  use  not  less  than  thirty  days  before 
the  date  of  the  election  at  which  the  same  are  to  be  used. 
(107  0.  L.  52.) 

Section  5026.  The  heading  of  each  party  ticket,  in- 
cluding the  name  of  the  party,  the  device  above,  and  the 
large  circle  between  the  device  and  such  name,  shall  be 
separated  from  the  rest  of  the  ticket  by  a  heavy  line,  and 
the  circle  above  the  name  of  the  party  in  which  the  voter 
is  to  place  the  cross  mark,  if  he  desires  to  vote  the  straight 
ticket,  it  shall  be  defined  by  heavier  lines  than  the  lines  de- 
fining the  blank  spaces  before  the  names  of  candidates,  and 
such  circle  shall  be  surrounded  by  the  following  words, 
printed  in  heavy  face  nonpareil  type :  ''For  a  straight  ticket 
mark  within  this  circle."    (97  v.  231  §  18.) 

Section  5027.  Each  party  ticket  shall  be  separated 
from  other  party  tickets  and  bordered  on  each  side  by  a 
heavy  border  or  a  broad  solid  line  at  least  one-eighth  of  an 
inch  wide,  and  the  edges  of  the  ballot  on  each  side  trimmed 
off  up  to  the  border  or  solid  line  described. 


Chap.  8 


BALLOTS  AND  SUPPLIES. 


116 


[Main  stub.] 
Consecutive  number 

Name  of  voter 

Residence 


[Secondary  stub.] 
Name  or  registered  number  of  voter 


Device. 

Device. 

Device. 

Republican  Ticket. 

Democratic  Ticket. 

Prohibition  Ticket. 

For  Governor, 
Name. 

For  Governor, 

Name. 

For  Governor, 
Name. 

/ 

, 

(97  V.  231  §  18.) 


116 


BAIiLOTS  AND  SUPPLIES. 


Chap.  8 


Separate  bal- 
lots for  town- 
ship officers  pro- 
vided, when. 


Ballot  for  can- 
didates finrouped 
for  same  office. 


Separate  ballots 
for  each  pre- 
cinct. 


Municipalities 
containing 
less  than 
fifty  Totem. 


Territory   an- 
nexed for 
school  purposes. 


Ballots  for 
school  board. 


How  ballot  for 
school  board 
printed. 


Section  5028.  The  names  of  candidates  for  municipal 
offices  and  the  names  of  candidates  for  township  offices 
shall  be  printed  upon  separate  ballots,  unless  the  corporate 
limits  of  the  municipalities  are  identical  with  those  of  a 
township.  Separate  ballots  shall  be  provided  in  all  town- 
ships and  in  municipalities  having  a  population  of  less  than 
two  thousand  in  which  no  primary  is  had  for  making  nomi- 
nations, which  ballots  so  intended  for  the  use  of  voters  shall 
be  so  arranged  and  printed  that  the  names  of  all  candi- 
dates, whose  nominations  for  any  offices  specified  in  the 
ballot  have  been  duly  made,  will  be  grouped  under  the 
designation  or  title  of  the  office  for  which  nominated,  in 
alphabetical  order  according  to  surnames.  A  single  blank 
line  or  space  shall  be  left  at  the  end  of  the  list  of  candi- 
dates for  each  different  office.     ( 103  v.  520. ) 

Section  5029.  In  election  precincts  composed  of  a 
township  or  a  part  thereof,  or  a  municipality  or  a  part 
thereof,  there  shall  be  provided  for  all  elections  separate 
ballots  for  each  precinct,  so  as  to  enable  electors  residing 
in  such  precinct  to  cast  their  votes  for  the  proper  candidates 
in  such  precinct;  and  there  shall  be  provided  separate  bal- 
lots for  each  district  portion  of  such  precinct  which  shall 
contain  the  names  of  the  candidates  for  members  of  the 
board  of  education  for  whom  electors  residing  in  such  dis- 
trict are  entitled  to  vote.    (98  v.  234  §  15.) 

Section  5030.  When  a  municipality  contains  less  than 
fifty  voters  in  the  same  township,  the  deputy  state  super- 
visors may  provide  a  separate  ballot  and  ballot  box  for  such 
voters  at  the  regular  polling  place  in  an  adjoining  precinct 
of  the  same  county.     (98  v.  234  §  15.) 

Section  5031.  When  territory  annexed  to  a  village 
for  school  purposes  is  included  within  such  village  precinct, 
separate  ballots,  ballot  box,  poll  books  and  tally  sheets  shall 
be  provided  for  such  voters  in  municipal  elections,  presided 
over  by  the  judges  and  clerks  of  elections  of  such  precinct. 
(98  V.  234  §15.) 

Section  5032.  The  names  of  candidates  for  members 
of  the  board  of  education  of  a  school  district,  however 
nominated,  shall  be  placed  on  one  independent  and  separate 
ballot  without  any  designation  whatever,  except  for  mem- 
ber of  board  of  education  and  the  number  of  members  to  be 
elected.     (98  v.  116  §  1.) 

Section  5033.  The  ballots  for  members  of  the  board 
of  education  shall  be  prepared  and  printed  as  follows :  The 
whole  number  of  ballots  to  be  printed  for  the  school  dis- 
trict shall  be  divided  by  the  number  of  candidates  for  mem- 
ber of  board  of  education  of  the  district,  and  the  quotient 
so  obtained  shall  be  the  number  of  ballots  in  each  series 
of  ballots  to  be  printed.  The  names  of  candidates  shall  be 
arranged  in  alphabetical  order  and  the  first  series  of  bal- 
lots printed.  Then  the  first  name  shall  be  placed  last  and 
the  next  series  printed,  and  so  shall  the  process  be  repeated 
until  each  name  shall  have  been  first.  These  ballots  shall 
then  be  combined  in  tablets  with  no  two  of  the  same  order 


Chap.  8 


BALLOTS  AND  SUPPLIES. 


117 


of  names  together,  except  when  there  is  but  one  candidate. 
(98  V.  116  §  2.) 

Section  5034.  In  city  school  districts,  the  ballots  for 
each  subdistriet  shall  contain  the  names  of  the  candidates 
for  member  of  the  board  of  education  from  such  subdis- 
triet and  also  the  names  of  the  candidates  to  be  elected  at 
large.     (97  v.  354  §  1.) 

Section  5035.  The  names  of  candidates  for  assessor 
of  real  property,  however  nominated,  shall  be  placed  on  one 
independent  and  separate  ballot  without  any  designation 
whatever,  except  for  assessor  of  real  property  and  the  num- 
ber of  assessors  to  be  elected.  The  ballots  for  the  election 
of  such  assessors  shall  be  prepared  and  printed  in  the  man- 
ner herein  provided  for  the  election  of  members  of  the 
board  of  education.     (100  v.  81  §  1.) 

Section  5036.  After  the  letting  of  the  contract  for 
the  printing  of  the  ballots,  as  hereinafter  provided,  the 
proper  officer  or  board  shall  secure  from  the  printer  and 
exhibit  to  the  chairman  of  the  local  executive  committee  of 
each  party  represented  on  the  ballot,  for  inspection  and  the 
correction  of  any  errors  appearing  thereon,  a  printed  proof 
of  the  ballots  to  be  printed  for  use  at  the  election.  (98  v. 
234  §  15.) 

Section  5037.  The  person  to  whom  the  contract  for 
printing  ballots  is  let  shall,  in  the  presence  of  the  deputy 
state  supervisors,  seal  up  securely  in  packages,  one  for  each 
precinct  in  the  county  or  municipality,  as  the  case  may  be, 
the  designated  number  of  ballots  to  be  printed  for  such 
precinct  and  endorse  thereon  the  number  of  ballots  so 
printed  and  sealed  up  and  deliver  them  to  the  deputy  state 
supervisors  at  such  times  as  they  direct.     (98  v.  234  §  15.) 

Section  5038.  Not  less  than  three  days  before  an 
election,  the  board  of  deputy  state  supervisors  shall  sum- 
mon the  presiding  judge  of  elections  in  each  precinct  in 
such  county  to  appear  forthwith  and  receive  the  necessary 
blanks,  poll  books,  tally  sheets,  certificates,  cards  of  instruc- 
tion and  ballots  for  such  precinct,  and  shall  deliver  to  him 
the  sealed  packages  of  ballots,  blanks,  poll  books  and  other 
required  papery  all  of  which  such  judge  shall  safely  de- 
liver and  have  on  hand  at  the  polling  place  in  his  precinct 
before  the  time  for  the  opening  of  the  polls  therein.  If  the 
presiding  judge  so  summoned  does  not  appear,  the  board 
shall  send  the  ballots,  books  and  other  required  papers  to 
the  election  officers  of  the  precinct,  so  as  to  be  received  by 
them  in  time  for  the  election.     (97  v.  229  §  16.) 

Section  5039.  In  registration  cities,  when  the  pre- 
siding judge  or  chairman  is  chosen  at  the  meeting  of  the 
registrars  and  judges  of  election  on  the  evening  preceding 
a  November  election,  as  provided  by  law  or  on  the  evening 
preceding  a  special  election,  such  judge,  immediately  after 
such  meeting,  shall  call  at  the  office  of  the  board  of  deputy 
state  supervisors  for  such  packages  and  the  board  shall 
deliver  the  poll  books,  tally  sheets,  cards  of  instruction  and 
other  supplies  to  him.     In  a  registration  city  having  a  pop- 


School  di«triet8 
in  cities. 


Ballots  for 
assessors  of 
real  property. 


Submission  of 
proof  of  ballot. 


SealinK  and  de- 
liyery  of  ballots. 


Delivery  of 
ballots  and 
supplies. 


Delivery  of 
ballots  In  reg- 
IstraUon  cHie*. 


118 


BAIiLOTS  AND  SUPPLIES. 


Chap.  8 


Replacing  of 
supplies  lost 
or   destroyed. 


Opening  of  pack< 
ages:  cards  of 
instruction. 


Extra  ballots. 


Compensation  of 
judge  or  chair- 
man called  to 
deliver  ballots 
and  supplies. 


ulation  of  three  hundred  thousand  or  more,  the  board,  by- 
resolution,  may  provide  for  the  delivery  of  ballots  through 
the  agency  of  the  police  force  of  such  city.  (97  v.  229 
§16.) 

Section  5040.  If,  by  accident  or  casualty,  the  ballots 
or  other  required  papers  delivered  to  a  judge  of  election  or 
other  messenger  shall  be  lost  or  destroyed,  the  person 
charged  with  the  custody  thereof  shall  report  the  loss  at 
once  to  the  board  of  deputy  state  supervisors  from  which 
they  were  obtained,  and  make  affidavit  of  the  circumstances 
of  the  loss,  whereupon  the  board  shall  at  once  resupply 
such  person.  If  such  person  fails  or  refuses  to  report  and 
make  proof  of  the  loss,  any  qualified  elector  may  do  so, 
and  thereupon  a  new  supply  shall  be  sent  by  special  mes- 
senger, as  provided  in  other  cases.     (97  v  230  §  17.) 

Section  5041.  At  the  opening  of  the  polls  in  each 
precinct  the  seals  of  such  packages  shall  be  publicly  broken, 
and  the  packages  shall  be  opened  by  the  presiding  officer. 
The  cards  of  instruction  shall  be  immediately  placed  in  each 
voting  shelf  or  compartment  hereinafter  provided  for  the 
marking  of  ballots,  and  in  such  other  places  as  the  election 
officers  may  select.     (97  v.  230  §  17.) 

Section  5042.  If  no  ballots  have  been  delivered  at 
a  polling  place  before  the  opening  of  the  polls,  or  if  during 
the  time  the  polls  remain  open  extra  ballots  shall  be  re- 
quired, the  board  of  deputy  state  supervisors,  upon  a  requi- 
sition in  writing,  signed  by  a  majority  of  the  election  judges 
of  such  precinct,  wherein  the  reason  for  demanding  such 
ballots  shall  be  given,  shall  supply  them  as  speedily  as  pos- 
sible, and,  if  necessary,  extra  ballots  may  be  printed  for  this 
purpose.  Extra  ballots  so  printed  shall  conform  as  nearly 
as  possible  to  the  original  ballots  and  the  printing  and  care 
of  them  shall  be  under  the  same  provisions  and  penalties  as 
the  printing  and  care  of  other  ballots.  If  neither  the  official 
ballots  nor  extra  ballots  so  prepared  are  ready  for  distribu- 
tion at  any  polling  place,  or  if  the  supply  of  ballots  is  ex- 
hausted before  the  polls  are  closed,  unofficial  ballots  may 
be  used,  so  that  no  elector  for  lack  of  a  ballot  shall  be  de- 
prived of  his  franchise.     (97  v.  230  §  17.)  * 

Section  5043.  The  judge  of  elections  called  by  the 
deputy  state  supervisors  to  receive  and  deliver  ballots,  poll 
books,  tally  sheets  and  other  required  papers,  shall  receive 
two  dollars  for  such  service,  and,  in  addition  thereto,  mile- 
age at  the  rate  of  five  cents  per  mile  to  and  from  the  county 
seat,  if  he  lives  one  mile  or  more  therefrom. 

The  judge  of  elections  carrying  the  returns  to  the 
deputy  state  supervisors,  and  the  judge  carrying  the  returns 
to  the  county  or  township  clerk,  or  clerk  or  auditor  of  the 
municipality,  shall  receive  like  compensation. 

In  cities  where  registration  is  required,  the  chairman 
selected  at  the  meeting  for  organization  shall  receive  one 
dollar  for  calling  for  the  sealed  package  of  ballots.  (97 
V.  237  §  36.) 


Chap.  8 


BAULOTS  AND  SUPPLIBS. 


119 


Section  5044.  The  board  of  deputy  state  supervisors  Noting  sheir. 
shall  provide  a  sufficient  number  of  voting  shelves  for  each 
polling  place  at  which  electors  may  conveniently  mark  their 
ballots,  so  that  in  the  marking  thereof  they  shall  be  pro- 
tected from  the  observation  of  others  by  cloth  screens,  or 
other  device,  extending  from  the  top  of  the  booth  to  a  level 
with  or  below  the  voting  shelf.  The  number  of  such  vot- 
ing shelves  shall  not  be  less  than  one  for  every  seventy-five 
electors  qualified  to  vote  at  such  polling  place.  Each  vot- 
ing shelf  shall  be  provided  with  proper  supplies  and  con- 
veniences for  marking  the  ballot.     (97  v.  234  §  19.) 

Section  5045.  A  guard  rail  shall  be  so  constructed  who  permitted 
and  placed  that  only  such  persons  as  are  inside  such  rail  can  J^aif'"  ^*''^ 
approach  within  six  feet  of  the  ballot  box  or  of  the  vot- 
ing shelf.  The  arrangement  shall  be  such  that  neither  the 
ballot  boxes  nor  the  voting  booths  shall  be  hidden  from 
view  of  those  outside  the  guard  rails.  No  person  other  than 
the  judges  of  elections  and  such  officers  as  are  provided  for 
by  law,  and  electors  admitted  as  hereinafter  provided,  shall 
be  permitted  within  the  guard  rail,  except  by  authority  of 
the  election  officers  for  the  purpose  of  keeping  order  and 
enforcing  the  law.     (97  v.  234  §  19.) 

Section  5046.  After  each  election,  the  judges  of  elec-  Placing  equip- 
tions  of  each  precinct  shall  see  that  the  booths,  guard  rails  E*  ^°^  ^^^^' 
and  other  equipment  are  returned  to  the  clerk  of  the  town- 
ship, or  clerk  or  auditor  of  the  corporation,  in  which  the 
precinct  is  situated,  for  safekeeping.  Such  clerk  or  auditor 
shall  have  booths  and  equipments  on  hand  and  in  place  at 
the  polling  place  in  each  precinct,  before  the  time  for  open- 
ing the  polls  on  election  day,  and  for  this  service  the  board 
of  deputy  state  supervisors  may  allow  the  necessary  ex- 
penses incurred.  In  registration  cities,  this  duty  shall  de- 
volve on  the  board  of  deputy  state  supervisors.  (97  v.  234 
§  19.) 

Section  5047.  The  secretary  of  state  shall  prepare 
and  furnish  boards  of  deputy  state  supervisors  of  the  sev- 
eral counties,  for  their  guidance,  forms  of  all  the  blanks, 
cards  of  instruction,  poll  books  and  tally  sheets;  certificates 
of  nomination  and  designs,  required  herein  for  the  conduct 
of  elections.     (90  v.  268  §2.) 

Section  5048.  The  board  of  deputy  state  supervisors 
of  each  county  shall  furnish  at  the  expense  of  the  county 
and  at  least  five  days  before  the  day  of  election,  the  neces- 
sary poll  books  and  tally  sheets  required  in  each  voting  pre- 
cinct in  the  county  for  presidential,  congressional,  state, 
county,  township,  municipal  or  other  elections.  (R.  S.  Sec. 
1252.) 

Section  5049.  There  shall  be  separate  poll  books  and 
tally  sheets  for  all  elections  for  school  purposes  and  the  bal- 
lots of  the  electors  at  such  election  shall  be  deposited  in  a 
separate  baUot  box.    (97  v.  354  §  1.) 


Secretary  of 
state  shall  fur- 
nish forms  for 
Kuldance  of 
boards. 


Poll  books  and 
tally  sheets. 


Poll  books  and 
tally  sheets  for 
school  elections. 


120 


ELECTION  OP  JUDGES. 


Chap.  8 


Contract  for 
printed  ballots 
and  other 
supplies. 


Section  5050.  The  printing  provided  for  in  this  chap- 
ter, except  poll  books  and  tally  sheets,  shall  be  let  by  the 
board  of  deputy  state  supervisors  to  the  lowest  responsible 
bidder  in  the  county,  upon  ten  days'  notice  published  not 
more  than  three  times  in  two  leading  newspapers  of  oppo- 
site politics  published  in  such  county.  In  case  of  special 
elections,  the  board  may  give  notice  by  mail,  addressed  to 
all  the  printing  offices  within  the  county  instead  of  publish- 
ing such  notice.     (98  v.  234  §  15.) 


Note  :— It  is  not  an  abuse  of  discretion  in  the  board  of  deputy  state  super- 
visors of  elections  to  give  the  contract  for  the  printing  of  the  ballots  to  a  higher 
bidder  vrhere  there  is  danger  that  the  lower  bidder  may  by  a  strilie  of  his  em- 
ployes be  prevented  from  furnishing  the  ballots  at  the  proper  time,  to  be  used  at 
the  election. 

The  presumption  is  that  public  ofiflcers — in  this  case  the  deputy  state  super- 
visors of  elections — have  exercised  a  sound  discretion,  and  the  burden  of  proof  is 
on  plaintiff  to  shovf,  with  that  clearness  which  Is  always  necessary  to  move  a  court 
of  equity  to  Interfere,  a  state  of  facts  which  would  constitute  an  abuse  of  dis- 
cretion. 

Pugh  Printing  Co.  v.  Deputy  State  Supervisors,  22  C.  C.  584. 

"The  Board  of  Elections  cannot  be  interferred  with  in  matters  of  detail  per- 
taining to  the  printing  of  the  official  ballots." 

State  ex  rel.  v.  Ehrman,  2  0.  D.  398 ;  also  see  40  0.  D.  505. 


Bond  of  bldd«r 
for  printing. 


Election  ex- 
penses, how 
paid. 


Apportionment 
of  expenses. 


Tax  levy. 


Section  5051.  Each  bid  for  such  printing  must  be 
accompanied  by  a  bond  with  at  least  two  sureties,  satis- 
factory to  the  board  of  deputy  state  supervisors,  in  a  sum 
double  the  amount  of  the  bid,  conditioned  for  the  faithful 
performance  of  the  contract  for  such  printing  as  may  be 
awarded  him,  and  for  the  payment  as  liquidated  damages 
by  such  bidder  to  such  board  of  any  excess  of  cost  over 
the  bid  or  bids  which  the  board  may  be  obliged  to  pay 
for  such  work  by  reason  of  the  failure  of  the  bidder  to 
complete  his  contract.  No  bid  unaccompanied  by  such 
bond  shall  be  entertained  by  the  board.     (97  v.  116  §  15a.) 

Section  5052.  All  expenses  of  printing  and  distrib- 
uting ballots,  cards  of  explanation  to  officers  of  the  election 
and  voters,  blanks,  and  other  proper  and  necessary  expenses 
of  any  general  or  special  election,  including  compensation 
of  precinct  election  officers,  shall  be  paid  from  the  county 
treasury,  as  other  county  expenses.    (99  v.,  84  §  14.) 

Section  5053.  In  November  elections  held  in  odd 
numbered  years,  such  compensation  and  expenses  shall  be 
a  charge  against  the  township,  city,  village  or  political  di- 
vision in  which  such  election  was  held,  and  the  amount  so 
paid  by  the  county  shall  be  retained  by  the  county  auditor 
from  funds  due  such  township,  city,  village  or  political  di- 
vision, at  the  time  of  making  the  semi-annual  distribution  of 
taxes.  The  amount  of  such  expenses  shall  be  ascer- 
tained and  apportioned  by  the  deputy  state  supervisors  to 
the  several  political  divisions  and  certified  to  the  county 
auditor.  In  municipalities  situated  in  two  or  more  counties, 
the  proportion  of  expenses  charged  to  each  of  such  coun- 
ties shall  be  ascertained  and  apportioned  by  the  clerk  or 
auditor  of  the  municipality  and  certified  by  him  to  the 
several  county  auditors.     (99  v.  84  §  14.) 

Section  5054.  County  commissioners,  township  trus- 
councils,  boards  of  education  or  other  authorities, 


Chap.  8 


ELECTION  OF  JUDGES. 


121 


authorized  to  levy  taxes,  shall  make  the  necessary  levy  to 
meet  such  expenses,  which  levy  may  be  in  addition  to  all 
other  levies  authorized  or  required  by  law.    (99  v.  84  §  14.) 


ELECTION  OP  JUDGES. 


Section  1467.  A  chief  justice  shall  be  elected  every 
six  years,  beginning  in  1914,  to  hold  his  office  for  a  term 
of  six  years  commencing  on  the  first  day  of  January  next 
after  his  election.  Until  a  chief  justice  is  so  elected  and 
qualified,  the  governor  shall  appoint  a  chief  justice.  Va- 
cancies occuring  in  the  office  of  chief  justice  of  the  su- 
preme court,  shall  be  filled  in  the  manner  prescribed  for 
the  filling  of  vacancies  in  the  office  of  judge  of  the  supreme 
court.    (103  V.  408.) 

Section  1468.  Two  judges  shall  be  chosen  in  each 
even  numbered  year.  Each  judge  shall  hold  his  office  for  a 
term  of  six  years,  commencing  on  the  first  day  of  January 
next  after  liis  election.     (103  v.  408.) 

Section  1514.  The  court  of  appeals  shall  consist  of 
three  judges  in  each  district,  one  of  whom  shall  be  chosen 
every  two  years,  and  shall  hold  his  office  for  six  years, 
beginning  on  the  ninth  day  of  February  next  after  his  elec- 
tion. In  addition  to  the  original  jurisdiction  conferred 
upon  it  by  section  six  of  article  four  of  the  constitution,  the 
court  on  good  cause  shown,  may  issue  writs  of  supersedeas 
in  any  case,  and  all  other  writs  not  specially  provided  for, 
nor  prohibited  by  statute,  which  may  be  necessary  to  en- 
force the  due  administration  of  justice.     (103  v.  411.) 

Section  5054-1.  The  election  of  a  chief  justice  of 
the  supreme  court,  judges  of  the  supreme  court,  judges  of 
the  court  of  appeals,  judges  of  the  courts  of  common  pleas, 
judges  of  the  probate  courts,  justices  of  the  peace,  and 
judges  of  all  other  courts  which  are  or  may  be  established 
by  law,  shall  be  governed  and  controlled  by  the  general  elec- 
tion laws  of  this  state  except  as  is  otherwise  provided  by 
this  act.    (103  V.  421.) 

Section  5054-2.  The  names  of  all  candidates  for 
election  to  any  of  the  judicial  offices  specified  in  Sec- 
tion 1  of  this  act,  whose  nominations  have  been  duly  made, 
and  not  withdrawn,  shall  be  placed  upon  a  separate  and 
independent  ballot,  entitled,  ''Judicial  Ticket, '*  without 
any  designation  whatever,  except  the  office  or  offices  to 
which  said  candidates  are  to  be  elected,  and  the  number  of 
candidates  required  to  be  elected  to  each  such  office,  and 
such  directions  as  will  aid  the  elector  as  ''vote  for  one,*' 
"vote  for  two,''  and  the  like  and  such  certification  of  the 
election  officers  upon  the  back  of  the  ballot  as  is  prescribed 
by  law.  There  shall  be  separate  poll  books  and  tally  sheets 
used  for  the  election  of  all  such  judicial  officers,  and  the 
ballots  of  the  electors  shall  be  deposited  in  a  separate  balUt 
box.    (102  V.  6.) 


Chief  Justice, 
election,  term. 


Election  of 
judges. 


The  court  of 
appeals:  tenn 
of  Judcee; 
Jurisdiction. 


Election  of 
Judges. 


JudlcUl  ticket 


122 


ELECTION  OP  JUDGES. 


Chap.  8 


Form  of  official 
ballot  certified 
to  deputy  state 
supervisors  and 
inspectors. 


Number  of  bal- 
lots, how 
divided. 


Arrangement 
of  candidates. 


Blank  space. 


Marking. 


Section  5054-3.  The  secretary  of  state,  at  the 
time  he  certifies  to  the  boards  of  deputy  state  supervisors 
and  inspectors  of  elections  a  form  of  official  ballots  for  the 
general  election,  shall  also  certify  to  the  several  deputy 
state  supervisors  and  inspectors  of  elections  a  form  of  offi- 
cial ballot  for  such  judicial  ticket,  and  it  shall  then  be  the 
duty  of  the  several  deputy  state  supervisors  and  inspectors 
of  elections  to  proceed  with  the  printing  of  the  poll  books, 
tally  sheets,  and  ballots  for  such  judicial  election,  and  to 
perform  all  and  singular  the  duties  prescribed  by  law  for 
the  conduct  of  the  general  elections,  in  so  far  as  the  same 
are  applicable.     (102  v.  6.) 

Section  5054-4.  The  ballots  shall  be  printed  and 
prepared  as  follows:  The  whole  number  of  ballots  to 
be  printed  for  the  election  of  persons  to  fill  each  of  said 
offices  respectively  shall  be  divided  by  the  number  of  can- 
didates for  each  of  said  offices  respectively,  and  the  quotient 
so  obtained  shall  be  the  number  of  ballots  in  each  series  of 
ballots  to  be  printed  as  follows :  The  names  of  candidates 
shall  be  arranged  in  alphabetical  order  and  the  first  series 
of  ballots  printed ;  then  the  first  name  shall  be  placed  last 
and  the  next  series  printed,  and  so  shall  the  process  be  re- 
peated until  each  name  shall  have  been  first.  These  ballots 
shall  then  be  combined  in  tablets  with  no  two  of  the  same 
order  of  names  together,  except  when  there  is  but  one  can- 
didate for  any  of  said  offices.  The  names  of  candidates  for 
the  same  office  but  for  different  terms  of  service  therein, 
shall  be  arranged  in  groups  according  to  the  length  of  their 
respective  terms.  Blank  spaces  shall  be  left  at  the  end  of 
the  list  of  candidates  for  each  office  equal  to  the  number  to 
be  elected  thereto,  in  which  the  voter  may  insert  the  name 
of  any  person  not  printed  on  the  ballot  for  whom  he  de- 
sires to  vote  for  such  office.  The  ballots  shall  be  so  printed 
as  to  give  each  elector  a  clear  opportunity  to  designate  by  a 
cross  mark  in  a  blank  enclosed  space  on  the  left  and  before 
the  name  of  each  candidate  his  choice  of  particular  candi- 
date.    (102  V.  6.) 

Section  5054-5.  A  cross  shall  be  placed  at  the 
left  of  the  name  of  each  candidate  for  whom  the  elector 
desires  to  vote.  The  person  having  the  largest  number  of 
votes  for  each  office  voted  upon  shall  be  decided  elected  to 
such  office,  and  the  next  highest,  and  so  on,  until  the  num- 
ber of  candidates  required  to  be  elected  shall  have  been  se- 
lected from  the  number  having  the  highest  number  of 
votes..  (102  V.  7.) 


Act  to  provide  for  the  election  of  judicial  officers  by  separate  ballot  is  a 
valid  exercise  of  legislative  power  and  not  repugnant  to  the  constitution 
state  ex  rel.  Weinberger  v.  Miller,  87  0.  S.  12. 


CHAPTER  9. 
CASTING  AND  COUNTING  OF  VOTE. 


Section 

5055. 

5056. 

5057. 

5058. 
5059. 
5060. 
5061. 
5062. 

5063. 

5064, 

5065. 

5066. 

5067. 
5068. 
5069. 

5070. 
5071. 

5072. 
5073. 
5074. 
5075. 
5076. 
5077. 

5078. 

5078-1, 
5079. 

5080. 


Where  electors  shall  vote. 

Polls   open  from    5:30   a.   m.   to   5:30 

p.  m. 
Judges  shall  open  ballot  boxes;  exam- 
ination. 
Appointment   of   party  challengers. 
Oath  of  challengers. 
Who  may  challenge  voters. 
Challenge;   oath;  questions. 
Vote   rejected  when  person  refuses  to 

answer. 
Further   oath    If   challenge    not   with- 
drawn. 
Rejection    of    person    who    refuses    to 

take  oath  or  Is  not  qualified. 
When  clerk  to  enter  on  poll  book  the 

word  "Sworn." 
Entry  of  name  and  residence  of  voter 

upon  stubs. 
Delivery  of  ballot  to  elector. 
Provisions  as  to  use  of  voting  shelves. 
General  provisions  relating  to  marking 

of  ballot. 
Rules  to  be  observed  In  marking  ballot. 
Substitution  when  no  nomination  made 

or  nominee   omitted. 
Folding  of  ballot. 

How  ballot  received  and  deposited. 
How  secondary  stub  disposed  of. 
When  person  Is  deemed  to  have  voted. 
Return  of  unvoted  ballot. 
Number     of    persons    In    booths    and 

within  guard  rail. 
When   electors   may   receive   assistance 

in  marking  ballots. 
Casting  ballot  by  absent  voters. 
Unofficial  ballots  shall  not  be  deposited 

in  ballot  box. 
Party  Inspector  may  be  designated  and 

admitted  to   polling  place. 


Section 

5080-1.  Nomination  of  Inspectors  when  ques- 
tion submitted;  inspectors  to  the 
count    in   each   precinct. 

5081.  Certificate    and    proclamation    of    vote 

cast. 

5082.  Opening  of  ballot  box  and  counting  of 

ballots. 

5083.  Counting    of   votes. 

5084.  When  name  printed  on  ticket  fraudu- 

lently, 

5085.  When  two   or  more  ballots  are  folded 

together. 

5086.  When    a    ballot    contains    too    many 


5087. 


5088. 
5089. 


5090. 
5090-1. 

5090-1. 
5090-2. 

5090-3. 

50^0-4. 

5091. 

5092. 


Ballot  may  contain  less  names  than 
authorized. 

Tally  sheet  entries. 

Proclamation  of  result  and  certified  In 
triplicate ;  unofficial  count  certified  to 
secretary  of  state  on  day  following 
election. 

Preserving  and  counting  of  disputed 
ballots. 

Preservation  of  all  ballots;  when  and 
how  ballots  shall  be  destroyed;  open- 
ing  In   contested   cases. 

Presidential  elections. 

Order  to  strike  from  register  names 
Illegally  registered;  how  obtained. 

Register  of  arrival  and  departure  of 
guests ;   affidavit ;   penalty. 

Power  of  board  to  require  report; 
penalty  for  neglect  to  furnish  list. 

Period  during  which  judges  and  clerks 
shall  not  separate  or  leave  polling 
place. 

Election  officers  cannot  be  candidate 
except  for  committeeman  or  dele- 
gate. 


Section  5055.     Each  qualified  elector  shall  vote  at  the  iJSirvotl®*^^'' 
polls  of  the  precinct  in  which  he  has  a  legal  residence,  un- 
less otherwise  directed  by  special  provision  of  law.     (R.  S. 
Sec.  2927.) 


to 


Section  5056.     The  polls  shall  be  open  at  five  thirty  ^^l^^^^^/^"" 
o^clock  forenoon  and  kept  open  up  to,  and  closed  at  five  s-so  *' 
thirty  o'clock,  central  standard  time,  in  the  afternoon  of 
the  same  day.     (103  v.  21.) 


p.  m. 


Note  :— See  also.  Section  4925,  General  Code. 

The  legislature  no  doubt  Intended  that,  when  the  polls  are  opened.  In  accord- 
ance with  the  provisions  of  section  5  of  the  act  of  May  3,  1852,  "to  regulate  the 
election  of  state  and  county  officers/'  they  should  be  kept  open  until  the  hour 
prescribed  for  finally  closing  the  same ;  and  good  policy  as  well  as  the  conve- 
nience of  voters  would  seem  to  require  that  this  legislative  intent  should  be 
observed.  But  in  this  respect  the  statute  is  directory,  and  a  departure  from  the 
strict  observance  of  its  provisions  does  not  necessarily  Invalidate  an  election, 
where  It  appears  that  no  fraud  has  been  practiced  and  no  substantial  right 
violated. 

Fry  V.  Booth,  19  0.  S.  25. 

Under  the  act  of  May  3,  1852,  after  the  polls  of  an  election  have  been  once 
opened,  they  cannot  be  closed  for  any  purpose  until  six  o'clock  In  the  afternoon 
(the  time  then  fixed  by  law— Ed.)  without  rendering  the  election  Illegal  and  void. 
State  ex  rel.  v.  Rltt.  3  0.  D.  (Reprint)  475. 

(123) 


1M 


CASTINQ  AND  COUNTING  OF  VOTE. 


Chap.  9 


Judges  ehall 
open   ballot 
boxes;  ex- 
amination. 


Appointment 
of  party 
challengers. 


Section  5057.  Immediately  before  proclamation  is 
made  of  the  opening  of  the  polls,  the  judges  of  elections, 
or  one  of  them,  in  the  presence  and  under  the  direction 
of  the  others  and  in  the  presence  of  the  persons  there 
present,  shall  open  the  ballot  boxes  and  turn  them  upside 
down  so  as  to  empty  them  of  anything  that  may  be  in  them, 
and  offer  to  such  persons  as  may  desire  it  the  privilege  of 
examining  them  in  the  presence  of  the  judges,  and  then 
lock  them.  The  boxes  shall  not  be  again  opened  until 
the  polls  are  closed  and  the  counting  of  the  ballots  begins. 
(R.  S.  Sec.  2937.) 

Section  5058.  Two  challengers  may  be  appointed  by 
the  precinct  committeeman  of  each  political  party  having 
candidates  to  be  voted  for  at  each  election,  who  shall  be 
admitted  to  the  polling  place  for  the  purpose  of  challenging 
electors  in  such  precinct  where  the  voters  are  not  registered, 
and  they  may  keep  tally  of  the  electors  voting.  In  special 
elections  when  no  candidates  are  to  be  elected,  the  judges 
of  election  in  each  precinct  shall,  at  least  one  day  before 
the  election,  appoint  and  make  public  two  known  represen- 
tatives of  each  side  of  the  question  to  ^e  submitted,  as 
challengers.     (97  v.  234  §  20.) 


Where  a  ticket  or  candidate  has  been  nominated  by  independent  nomination 
papers,  such  independent  candidates  have  no  right  under  authority  of  this  section 
to  the  appointment  of  separate  challengers  and  inspectors. 

The  provisions  of  this  section,  as  to  the  appointment  of  challengers  and  in- 
spectors of  elections,  are  not  mandatory  but  directory  only,  and  failure  to  make 
such  appointments  is  an  irregularity  which  does  not  invalidate  an  election  at 
which  there  was  a  comparatively  full  vote  cast  with  no  evidence  of  fraud  or 
attempts  to  deceive;  nor  does  the  dereliction  of  deputy  state  supervisors  of 
election,  or  of  any  of  them,  invalidate  an  election,  where  it  does  not  appear  that 
except  for  such  dereliction  there  would  have  been  a  different  result.  State  ex  rel. 
Johnston  et  al.  v.  Village  of  McClure,  5  0.  N.  P.  (N.  S.)  541. 


Oath  of 
challengers. 


Who  may  chal- 
lenge voters. 


OhallengA ; 
•ath. 


Section  5059.  Such  challengers  shall  serve  without 
compensation  from  the  county,  city,  village  or  township, 
and  shall  take  the  following  oath,  to  be  administered  by 
one  of  the  judges  of  elections : 

*^You  do  solemnly  swear  that  you  will  support  the 
constitution  of  the  United  States  and  of  this  state;  that 
you  will  faithfully  and  impartially  discharge  the  duties  as 
oflScial  challenger,  assigned  by  law^ ;  that  you  will  not  cause 
any  delay  to  persons  offering  to  vote  further  than  is  nec- 
essary to  procure  satisfactory  information  of  their  qualifi- 
cations as  electors,  and  that  you  will  not  disclose  or  com- 
municate to  any  person  how  any  elector  has  voted  at  such 
election.     (97  v.  234  §  20.) 

Section  5060.  Any  voter  may  be  challenged  by  any 
challenger,  judge  or  clerk  of  elections,  and,  if  challenged, 
shall  establish  his  right  to  vote,  as  provided  by  law.  Any 
elector  of  the  precinct  may  notify  the  judges  of  elections 
in  writing  that  he  challenges  the  right  of  any  person  or 
persons  to  vote,  giving  the  reason,  and  such  person  or  per- 
sons shall  be  deemed  challenged.     (97  v.  234  §  20.) 

Section  5061.  If  a  person  offering  to  vote  is  chal- 
lenged as  unqualified  one  of  the  judges  shall  tender  him  the 
following  oath:     **You  do  swear  or  affirm  that  you  vdll 


ihap.    9  CASTING  AND  COUNTING  OP  VOTE.  Ifli 

fully  and  truly  answer  all  questions  put  to  you,  touching 
your  place  of  residence  and  qualification  as  to  an  elector  at 
this  election.'' 

First — If  the  person  is  challenged  as  unqualified  on  the  Questions 
ground  that  he  is  not  a  citizen,  the  judges  or  one  of  them 
shall  put  the  following  questions : 

1.  Are  you  a  citizen  of  the  United  States? 

2.  Are  you  a  native  or  naturalized  citizen? 

If  the  person  offering  to  vote  claims  to  be  a  naturalized 
citizen  of  the  United  States,  he  shall,  before  the  vote  is  re- 
ceived, produce  for  the  inspection  of  the  judges  of  election 
a  certificate  of  the  naturalization,  and  also  under  oath  that 
he  is  the  identical  person  named  therein.  The  production 
of  the  certificate  shall  be  dispensed  with  if  the  person  offer- 
ing to  vote  states  under  oath  when  and  where  he  was  nat- 
uralized, that  he  has  had  a  certificate  of  his  naturalization, 
and  that,  against  his  will,  it  is  lost,  destroyed  or  beyond  his 
power  to  produce  to  the  judges  of  elections  or  if  he  states 
under  oath  that  by  reason  of  the  naturalization  of  his  par- 
ents or  one  of  them  he  has  become  a  citizen  of  the  United 
States,  and  when  or  where  his  parent  or  parents  were  nat- 
uralized, the  certificate  of  naturalization  need  not  be  pro- 
duced. 

Second. — If  the  person  is  challenged  as  unqualified  on 
the  ground  that  he  has  not  resided  in  this  state  for  one  year 
immediately  preceding  the  election,  the  judges  or  one  of 
them  shall  put  the  following  questions: 

1.  Have  you  resided  in  this  state  for  one  year  inune- 
diately  preceding  this  election  ? 

2.  Have  you  been  absent  from  this  state  within  the 
year  inrmediately  preceding  this  election?     If  yes,  then — 

3.  When  you  left  this  state,  did  you  leave  for  a  tem- 
porary purpose  with  the  design  of  returning,  or  for  the 
purpose  of  remaining  away? 

4.  Did  you,  while  absent,  look  upon  and  regard  this 
state  as  your  home? 

5.  Did  you,  while  absent,  vote  in  any  other  state  ? 
Third. — If  the  person  is  challenged  as  unqualified  on 

the  ground  that  he  is  not  a  resident  of  the  county  or  pre- 
cinct where  he  offers  to  vote,  the  judges  or  one  of  them 
shall  put  the  following  questions : 

1.  Have  you  resided  in  this  county  for  thirty  days  last 
past  ? 

2.  Have  you  resided  in  this  precinct  for  twenty  days 
last  past? 

3.  When  did  you  last  come  into  this  county? 

4.  When  you  came  into  this  county,  did  you  come  for 
a  temporary  purpose  merely,  or  for  the  purpose  of  making 
it  your  home  ? 

5.  Did  you  come  into  this  county  for  the  purpose  of 
voting  in  this  county  ? 

6.  Are  you  now  an  actual  resident  of  this  precinct? 


126 


OASTma  AlTD  COUNTING  OP  VOTE.  Chap.  9  \ 


Vote  rejected 
when    person 
refuses  to 
answer. 


Further  oath  If 
challenge  not 
withdrawn. 


Rejection  of 
person  who  re- 
fuses to  take 
oath  or  is  not 
qualified. 


When  clerk  to 
enter  on  poll 
book  the  word 
"Sworn." 


Entry  of  name 
and  residence 
of  voter  upon 
stubs. 


Delivery  of 
ballot  to  elector. 


7.    Have  you  a  family?    If  so,  where  does  your  family  \ 

reside.  j 

Fourth. — If  the  person  is  challenged  as  unqualified  on  < 
the  ground  that  he  is  not  twenty-one  years  of  age,  the 
judges  or  one  of  them  shall  put  the  following  question :  ; 

Are  you  twenty-one  years  of  age  to  the  best  of  your  1 
knowledge  and  belief?  ! 

The  judges  of  election  or  one  of  them  shall  put  such  ; 
other  questions  to  the  person  challenged  under  respective  i 
heads  herein  designated,  as  may  be  necessary  to  test  his  \ 
qualifications  as  to  an  elector  at  the  election.     (106  v.  323.)  ,, 

Section  5062.  If  a  person  challenged  refuses  to  ^ 
answer  fully  any  question  put  to  him,  or  is  unable  to  answer  j 
the  question  on  the  registers  as  they  were  answered  by  the  \ 
person  under  whose  name  he  offers  to  vote,  or  is  unable  to  i 
sign  his  name,  or  if  fol*  any  other  reason  a  majority  of  the  | 
judges  believe  he  is  not  entitled  to  vote,  the  judges  shall  ; 
reject  his  vote.    (102  v.  185.)  i 

Section  5063.  If  the  challenge  is  not  withdrawn  after  ; 
the  person  offering  to  vote  has  answered  the  questions  put  ■ 
to  him,  one  of  the  judges  of  election  shall  tender  him  the  ] 
following  oath:  ; 

''You  do  swear  that  you  are  a  citizen  of  the  United  j 
States,  of  the  age  of  twenty-one  years ;  that  you  have  been  j 
an  inhabitant  of  this  state  for  one  year  next  preceding  5 
this  election ;  that  you  are  now  an  actual  resident  of  this  | 
precinct,  and  that  you  have  not  voted  at  this*  election. ' '  j 
(E.  S.  Sec.  2942.)  ] 

Section  5064.  If  a  person  refuses  to  take  the  oath  so  j 
tendered,  his  vote  shall  be  rejected.  After  such  oath  hasj 
been  taken,  a  majority  of  the  judges  may  refuse  to  permit ; 
such  person  to  vote  if  they  are  satisfied  from  record  evi-  \ 
dence  or  the  testimony  produced  before  them  that  he  is  not ; 
a  legal  voter,  otherwise  the  vote  shall  be  accepted.  The 
judges  may  administer  the  necessary  oaths  to  witnesses; 
brought  before  them  to  testify  to  the  qualifications  of  the ! 
person  offering  to  vote.    (R.  S.  Sec.  2943.) 

Section  5065.  When  the  vote  of  a  person  is  received  i 
after  he^  has  taken  the  oath  herein  prescribed,  the  clerks  of ' 
election,  shall  write  on  the  poll  books  at  the  end  of  such; 
person *s  name,  the  word  ''Sworn.'*    (R.  S.  Sec.  2944.)         J 

Section  5066.  Any  person  desiring  to  vote,  and  le-; 
gaily  entitled  to  vote  at  such  election,  shall  give  his  name,  i 
and,  in  precincts  where  registration  is  required  by  law,  hisj 
residence,  to  the  election  officer  holding  the  ballots,  who] 
shall  write  them  upon  the  main  stub  of  the  ticket  in  thej 
blank  space  provided  therefor.  Such  officer  shall  then  mark; 
upon  the  secondary  stub  the  elector's  registered  number,  inj 
precincts  where  registration  is  so  required,  and  in  other  pre-i 
cincts,  the  elector's  full  name.    (89  v.  444  §  21.)  \ 

Section  5067.  One  of  the  election  officers  shall  then! 
detach  the  ballot  with  the  secondary  stub  attached,  from] 
the  main  stub,  fold  it,  hand  it  to  the  elector,  and  the  elector 


Chap.    9  CASTING  AND  COUNTING  OP  VOTE.  127 


shall  be  allowed  to  enter  the  place  enclosed  by  the  guard  i 

rail.    The  officer  shall  give  him  one  and  only  one  of  each  j 

and  every  ballot  to  be  voted  at  the  election.     (102  v.  185.)  j 

Section  5068.     On  receipt  of  his  ballot,  the  elector  Provisions  as  s 

shall  forthwith  and  without  leaving  the  enclosed  space,  re-   iSg"Jhe?yer*'  ' 

tire  alone  to  one  of  the  voting  shelves,  and  without  undue 
delay  unfold  and  mark  his  ballot  as  hereinafter  prescribed.  \ 

No  elector  shall  be  allowed  to  occupy  a  voting  shelf  already 
occupied  by  another,  or  to  occupy  a  voting  shalf  for  more  .  i 

than  five  minutes  in  case  all  the  shelves  are  in  use  and  \ 

electors  waiting  to  occupy  them,  or,  except  as  herein  pro-  i 

vided,  to  speak  to  or  to  converse  with  anyone  while  within  j 

the  guard  rail.     (89  v.  "444  §  21.)  | 

Section  5069.    All  marks  upon  the  ballot  must  be  General  pro-  i 

made  by  black  lead  pencil.    If  an  elector  soils  or  defaces  a  ti^mal-kinK""'^         j 
ballot  so  that  it  cannot  be  used,  he  may  successively  obtain  °'  ^*"°*-  ' 

others,  one  at  a  time,  not  exceeding  in  all  three,  upon  j 

returning  each  ballot  no  soiled  or  defaced,  which  shall  be  ' 

immediately  destroyed.     If   an   elector  who  has  defaced  * 

three  ballots  satisfies  the  judges  that  they  were  defaced  ' 

by  accident  or  honest  mistake  and  not  for  fraudulent  pur-  \ 

poses,  the  judges  shall  deliver  him  another  ballot  and  help  ■ 

him  mark  it.     (89  v.  444  §  21.)  i 

Section  5070.  The  elector  shall  observe  the  following  Kuies  to  be  ob-  .  ] 
rules  in  marking  his  ballot:  '  fnrbaiiol "*'^''"        j 

1.  If  the  elector  desires  to  vote  a  straight  ticket,  or  i 
in  other  words  for  each  and  every  candidate  of  one  party  :- 
for  whatever  office  nominated,  he  shall,  either,  j 

(a)  Make  a  cross  mark  in  the  circular  space  below  i 
the  device  and  above  the  name  of  the  party  at  the  head  of  1 
the  ticket ;  or                                                                                                             I 

(b)  Make  a  cross  mark  on  the  left  of  and  opposite  1 
the  name  of  each  and  every  candidate  of  such  party  in  the  ■ 
blank  space  provided  therefor.                                                                              ] 

2.  If  the  elector  desires  to  vote  a  mixed  ticket  or  in  I 
other  words  for  candidates  of  different  parties,  he  shall,  i 
either,                        •                                                                                                  * 

^(a)   Omit  making  a  cross  mark  in  the  circular  space  : 

above  the  name  of  any  party  and  make  a   cross  mark  ' 

in  the  blank  space  before  the  name  of  each  candidate  for 
whom  he  desires  to  vote  on  whatever  ticket  he  may  be;  or  i 

(b)   Make  a  cross  mark  in  the  circular  space  above 
tlie  name  of  a  party  for  some  of  whose  candidates  he  desires  1 

to  vote,  and  then  make  a  cross  mark  before  the  name  of  - 

any  candidate  of  any  other  party  for  whom  he  may  desire  to  ■ 

vote,  in  which  case,  the  cross  mark  in  the  circular  space 
above  the  name  of  a  party  will  cast  the  elector's  vote  for  i 

every  candidate  on  the  ticket  of  such  party,  except  for  of-  ] 

fices  for  which  candidates  are  marked  on  other  party  tickets,  I, 

and  the  cross  marks  before  the  names  of  such  candidates  ^ 

will  cast  the  elector's  vote  for  them.  ; 

3.    When  two  or  more  persons  for  the  same  office  are  ', 

to  be  voted  for  in  any  precinct,  as  two  or  more  represen-  I 


128  CASTING  AND  oouNTmQ  OP  VOTE.  Chap.  9    ; 

1 

tatives  or  other  officers,  and  the  names  of  several  candi-  | 

dates  therefor  appear  on  each  party  ticket,  grouped  under  , 

the  office  for  which  they  are  all  running,  the  elector  who  ^ 

has  marked  a  ticket  in  the  circular  space  at  its  head,  \ 

and  marked  one  or  more  of  a  group  of  candidates  for  such  1 

office  on  another  ticket  or  tickets,  must  in  addition  to  mark-  | 

ing  the  ticket  in  the  circular  space  at  its  head,  also  make  a  j 

cross  mark  before  each  one  of  the  group  of  candidates  for  ; 

such  office  for  whom  he  desires  to  vote  on  the  ticket  thus  | 

marked;  or  instead  of  marking  the  candidates  for  such  j 

office  he  desires  to  vote  for  on  the  ticket  marked  by  him,  ; 

he  may  erase  the  names  of  candidates  for  such  office  for  ; 

whom  he  does  not  desire  to  vote  on  the  ticket  thus  marked  ; 

by  him  to  the  number  of  candidates  for  such  office  marked  ; 

by  him  on  other  party  tickets,  in  which  case  his  vote  shall  j 

be  counted  for  the  candidates  for  such  office  not  erased.  ] 

4.  If  an  elector  who  has  thus  marked  a  party  ticket  1 
in  the  circular  space  at  the  head  thereof,  and  has  marked  ! 
one  or  more  candidates  on  another  ticket  or  tickets  for  \ 
an  office  for  which  there  is  more  than  one  candidate  on  ■ 
his  own  party  ticket,  fails  or  neglects  to  indicate  either  by  i 
individual  marks  or  by  erasures  which  of  the  several  can-  \ 
didates  for  the  same  office  on  his  own  party  ticket  he  desires  | 
to  vote  for,  then  the  vote  shall  be  counted  only  for  the  \ 
candidate  or  candidates  for  that  office  that  have  the  dis-  ^ 
tinguishing  mark  before  his  or  their  names.  \ 

5.  If  in  marking  either  a  straight  or  mixed  ticket,  a  \ 
cross  mark  is  made  in  the  circular  space  above  the  name  of  | 
a  party  at  the  head  of  a  ticket,  and  also  one  or  more  cross  ; 
marks  made  before  the  name  or  names  of  candidates  on  the  ' 
same  ticket  for  offices  for  which  candidates  on  other  party  \ 
tickets  are  not  individually  marked,  such  marks  before  the  | 
names  of  candidates  on  the  ticket  so  marked  shall  be  treated  \ 
as  surplusage  and  ignored  and  the  ballot  be  counted  for  all  ; 
the  candidates  on  the  ticket  thus  marked  for  offices  for  : 
which  no  candidates  on  other  tickets  are  marked.  This  \ 
provision  is  subject  to  the  exception  in  the  preceding  para-  \ 
graph  when  two  or  more  persons  for  the  same  office  are  ; 
grouped  on  party  tickets.  i 

6.  If  the  elector  desires  to  vote  for  a  person  whose  ; 
name  does  not  appear  on  the  ticket,  he  can  substitute  the  : 
name  by  writing  it  in  black  lead  pencil  or  in  black  ink  in  \ 
the  proper  place,  and  making  a  cross  mark  in  the  blank  \ 
space  at  the  left  of  the  name  so  written.  \ 

7.  If  the  elector  marks  more  names  than  there  are  \ 
persons  to  be  elected  to  an  office,  or  if,  for  any  reason,  it  is''  ' 
impossible  to  determine  the  voter's  choice  for  an  office  to 
be  filled,  his  ballot  shall  not  be  counted  for  such  office. 

8.  If  a  question  is  submitted,  the  elector  shall  make  a  \ 
cross  mark  in  the  blank  space  at  the  left  of  and  before  thp  | 
answer  which  he  desires  to  give.  I 


Chap.  9 


CASTING  AND  COUNTING  OP  VOTE. 


129 


9.  No  ballot  shall  be  rejected  for  any  technical  error 
which  does  not  make  it  impossible  to  determine  the  voter's 
choice.    (89  v.  444  §  21.) 

If  a  cross  mark  is  placed  properly  in  the  space  to  the  left  of  the  name  of  a 
candidate  for  olflce,  and  another  cross  mark  is  placed  to  the  left  of  a  blank  space 
before  all  the  names  of  the  candidates  for  that  office,  the  cross  mark  before  the 
blank  space  does  not  authorize  this  ballot  to  be  counted  for  any  person ;  and, 
accordingly.  It  does  not  prevent  such  ballot  from  being  counted  for  the  candidate 
before  whose  name  such  cross  mark  is  placed  properly.  Thompson  v.  Redlngton 
92  0.  S.  101. 

Writing  the  word  "yes"  In  the  space  to  the  left  of  the  name  of  a  candidate 
is  technically  wrong;  but  the  Intention  of  the  voter  to  vote  for  such  candidate  is 
clear;  and,  under  the  ninth  paragraph  of  this  section,  such  ballot  should  not  be 
rejected,  since  there  is  no  technical  error  which  makes  It  impossible  to  deter- 
mine the  voter's  choice.     Thompson  v.  Redlngton,  92  O.  S.  101. 

The  duties  of  the  secretary  of  state  in  canvassing  election  returns  and  In 
declaring  the  result  of  the  election  are  fixed  by  statute  and  are  purely  ministerial 
State,  ex  rel..  v.  Graves,  91  0.  S.  113. 

Note  : — A  voter  at  a  municipal  election  put  a  cross-mark  on  a  ticket  in  the 
place  provided  to  indicate  a  straight  vote  for  that  ticket;  put  no  other  mark  on 
that  ticket,  but  drew  a  line  diagonally  across  the  other  ticket  printed  on  the  same 
ballot,  there  being  but  two  tickets  on  the  ballot,  in  such  a  way  as  to  emphasize 
his  intention  to  vote  a  straight  ticket.  Held:  That  his  error  in  drawing  such 
line  is  technical  only,  and  his  intention  to  vote  a  straight  ticket  being  clear,  the 
vote  should  not  be  rejected,  but  counted  for  all  the  candidates  on  the  ticket  on 
which  the  cross  mark  was  made.  And  generally  when  the  voter  has  indicated  his 
Intention  to  vote  a  straight  ticket  by  placing  a  cross  mark  in  the  place  provided 
at  the  top  of  the  ticket,  his  vote  should  not  be  lost  because  of  additional  marks 
put  by  him  on  another  ticket  merely  for  the  evident  purpose  of  emphasizing  such 
intention. 

Steams  v.  Taylor  et  al.,  1  N.  P.  23. 

The  provision  of  the  Australian  ballot  law  that  "all  marks  upon  the  ballot 
must  be  made  with  a  black  lead  pencil"  and  the  further  provision  that  "no  ballot 
shall  be  rejected  for  any  technical  error  which  does  not  make  It  Impos- 
sible to  determine  the  voter's  choice,"  does  not  render  invalid  a  ballot 
upon  which  a  black  pencil  line  is  drawn  through  the  name  of  a  candidate  and  the 
name  of  an  opposing  candidate  written  near  and  partly  over  it  notwithstanding 
no  cross  mark  appears  opposite  the  latter's  name ;  nor  a  ballot  containing  a  ticket 
upon  which  no  names  of  candidates  appear  in  the  printed  designations  of  the 
several  offices,  whereon  a  name  Is  written  beneath  the  line  designating  the  office 
for  which  the  candidate  whose  name  thus  appears  Is  running. 
State  ex  rel.  v.  Conspr,  5  C.  C.   (N.  S.)  119. 

The  provisions  of  the  Australian  i.  .'.lot  law.  pertaining  to  the  color  of  the 
pencil  to  be  used  in  marking  the  ballot,  the  kind  of  a  mark  by  which  the  voter 
indicates  his  choice  and  the  place  where  the  mark  is  to  be  put  upon  the  ballot, 
are  mandatory  and  must  be  substantially  complied  with  before  the  ballot  becomes 
a  legal  one  and  can  be  counted. 

In 're  Jones  Contest,  8  N.  P.  395. 

Where  all  the  tickets  on  a  ballot  except  one  are  marked  off  with  long  cross 
marks  extending  from  the  top  of  the  ticket  to  the  bottom,  and  there  is  no  cross 
in  the  circle  over  the  ticket  which  is  not  thus  erased  and  no  crosses  opposite  the 
names  of  the  candidates  on  that  ticket,  the  ballot  should  be  rejected  for  failure  on 
the  part  of  the  voter  to  exhibit  any  intention  to  comply  with  the  statute  in  the 
marking  of  his  ballot. 

Williams  V.  Barker.  17  N.  P.  679  (B.  Aug.  5,  1907.). 

A  ballot  that  is  properly  marked,  with  the  exception  of  one  particular  office 
for  which  two  candidates  are  voted,  is  valid,  and  under  Rev.  Stat.  2966  et  acq. 
(Lan.  4534  et  seg.)  should  be  counted  for  all  offices  except  that  particular  one. — 
Ihid. 

A  ballot  with  a  straight  mark  or  a  circle  within  one  of  the  circles  over  the 
several  tickets  does  not  indicate  an  honest  desire  on  the  part  of  the  voter  to 
comply  with  the  statute,  in  designating  the  ticket  he  desires  to  vote,  and  such  a 
ballot  should  be  rejected;  but  where  the  mark  in  the  circle  at  the  head  of  a 
ticket  shows  only  suclr  an  irregularity  as  might  result  from  an  awkward  use  of  the 
pencil,  the  ballot  should  be  counted. — Ibid. 


Section  5071.  If  there  was  no  nomination  for  a  par- 
ticular office  by  a  political  party,  or  if  by  inadvertence,  or 
otherwise,  the  name  of  a  candidate  regularly  nominated 
by  such  party  is  omitted  from  the  ballot,  and  the  elector 
desires  to  vote  for  some  one  to  fill  such  office,  he  may  do 
so  by  writing  the  name  of  the  person  for  whom  he  desires 
to  vote  in  the  space  underneath  the  heading  or  designation 
of  such  office,  and  make  a  cross  mark  in  the  circle  at  the 
head  of  the  ticket,  in  which  case  the  ballot  shall  be  counted 

5— B.  L. 


Substitution 
when  no  nom- 
ination made 
or  nominee 
omitted. 


ISO 


Chap.  9 


CASTING  AND  COUNTESTG  OP  VOTE. 


for  the  entire  ticket,  as  though  the  name  substituted  had  j 
been  originally  printed  thereon.     (91  v.  119  §  21a.) 


Folding  of 
ballot. 


How  ballot  re- 
ceived and 
deposited. 


This  section  confers  no  authority  on  the  voter  to  write  the  name  of  a  person  \ 

on  the  ballot  for  an  office,  the  printed  designation  of  which  does  not  already  : 

appear  thereon.    Atty.  Gen.  12-2-1909.  j 

J 

Section  5072.    OBefore  leaving  the  voting  shelf,  the  | 

elector  shall  fold  his  ballot  without  displaying  the  marks  \ 

thereon  and  so  as  to  conceal  them,  but  show  the  endorse-  ; 

ments  and  facsimile  of  the  signatures  of  the  proper  clerk  j 

or  board,  and  keep  the  ballot  so  folded  until  he  has  de-  \ 

livered  it  to  the  presiding  officer.     (98  v.  225  §  22.)  \ 

Section  5073.     The  elector  shall  return  each  and  every  i 

ballot  that  he  has  received,  and  each,  except  such  as  are  , ; 

soiled  or  defaced  as  provided  in  this  chapter,  shall  be  de-  ] 

posited  in  the  ballot  box.     One  of  the  judges  of  elections  j 

shall  receive  the  ballot,  examine  the  secondary  stub  bear-  | 

ing  the  elector's  registered  number  or  name,  for  the  purpose  i 

of  identification,  and  thereupon  pronounce  with  an  audible  \ 

voice  the  name  of  the  elector.    If  the  judges  are  satisfied  j 
that  he  is  a  citizen  of  the  United  States  and  legally  entitled 

to  vote  at  the  election,  the  judge  to  whom  such  ballot  was  ! 

delivered  shall  detach  the  secondary  stub  and  immediately  i 

deposit  the  ballot  in  the  ballot  box,  without  inspecting  the  : 

names  written  or  printed  thereon.    The  clerks  of  elections  j 

shall  enter  the  name  and  number  of  the  elector  in  the  poll  ; 

books  in  the  manner  provided  by  law.     (102  v.  185.)  j 


Note  : — An  action  in  mandamus  to  compel  the  board  to  make,  certify,  and 
transmit  to  the  proper  officers  as  required  by  law,  the  several  abstracts  of  the 
votes  shown  by  the  tally  sheets  returned  from  the  various  election  precincts  of 
the  county,  may  be  instituted  on  the  relation  of  any  elector  of  the  county. 
Statd  ex  rel.  v.  Tanzy,  et  al.,  49  0.  S.  656. 


How  secondary 
stub  disposed  of. 


When  person 
is  deemed  to 
have  voted. 


Section  5074.  The  secondary  stub  shall  be  preserved 
until  the  polls  are  closed  and  shall  then  be  destroyed  before 
the  ballot  box  is  opened.  The  elector  shall  mark  and  vote 
his  ballot  without  undue  delay  and  shall  leave  such  enclosed 
place  as  soon  as  he  has  voted.    (98  v.  225  §  22.) 

Section  5075.  When  a  person  has  received  an  official 
ballot  from  one  of  the  election  officers  and  has  delivered 
it  to  the  election  officer  having  charge  of  the  ballot  box  at 
the  time,  and  when  such  ballot  has  been  deposited  in  the 
ballot  box,  such  person  shall  be  deemed  to  have  voted. 
(98  V.  225  §  22.) 


Return  of  un- 
voted ballot. 


The  question  of  qualification  of  a  voter  must  be  decided  by  the  judges  of  l 

election,  at  the  time  he  presents  himself  to  vote.  I 

A  ballot  is  not  voted  until  it  is  deposited  in  the  ballot  box,  and  hence  when  ; 

a  ballot  was  not  deposited  in  the  box  because  improperly  folded,  it  cannot  be  I 

counted.  < 

Williams  v.  Barker,  17  N.  P.  679  (B.  Aug.  5,  1907).  1 

Section  5076.  Every  elector  who  does  not  vote  a  I 
ballot  delivered  to  him  by  the  ballot  officer  shall,  before  1 
leaving  the  polling  place,  return  such  ballot  to  such  officer.  \ 
(98  V.  225  §  22.)  ] 


Chap.  9 


CASTING  AND  COUNTING  OP  VOTE. 


131 


Section  5077.    l^o  elector  not  an  election  oflBcer  shall  Number  of  per- 
be  allowed  to  re-enter  such  enclosed  place  during  the  elec-  Snd*  Juhfn °^*^ 
tion,  except  for  the  purpose  of  voting.     No  more  electors  «^"«*  ""• 
shall  be  allowed  to  enter  within  the  guard  rail  at  any  one 
time  than  there  are  voting  shelves  provided.    The  judges 
of  election  shall  secure  the  observance  of  the  provisions  of 
this  section.     (98  v.  225  §  22.) 

Section  5078.    Any  elector  who  declares  to  the  pre-  ^^^n  electors 
siding  judge  of  elections  that  he  is  unable  to  mark  his  rilun?e''?n'*  "' 
ballot  by  reason  of  blindness,  paralysis,  extreme  old  age  or  '"*^^'"«  ballots, 
other  physical  infirmity,  and  such  physical  infirmity  is  ap- 
parent to  the  judges  to  be  sufficient  to  incapacitate  the  voter 
from  marking  his  ballot  properly,  may  upon  request  receive 
the  assistance  in  the  marking  thereof  of  the  two  judges  of 
elections  belonging  to  different  political  parties,  and  they 
shall  thereafter  give  no  information  in  regard  to  the  mat- 
ter.   The  presiding  judge  may  require  such  declaration  of 
inability  to  be  made  by  the  elector  under  oath  before  him. 
Such  assistance  shall  not  be  rendered  for  any  other  cause 
which  the  voter  may  specify.    (98  v.  225  §  22.) 

The  preceding  paragraph  is  the  only  authority  provided  by  law  for  assisting 
an  elector  to  mark  his  ballot. 

Where  two  voters,  one  blind  and  the  other  infirm  through  extreme  age  re- 
mained in  a  carriage  outside  the  polls  and  marked  their  ballots  in  the  presence 
and  under  the  direction  of  two  of  the  election  judges,  and  such  ballots  were  then 
deposited  by  the  judges,  such  irregularity  will  not  invalidate  these  votes. 
In  re  Contest  South  Charleston  election,  3  N.  P.  (N.  S.)   373. 

It  is  not  the  duty  of  the  judges  to  instruct  a  voter  how  to  mark  his  ballot 
unless  such  voter  is  physically  unable  to  do  so,  by  reason  of  blindness,  paralysis, 
extreme  old  age,  or  other  physical  Infirmity,  and  such  physical  Infirmity  must 
appear  to  the  judges  to  be  sufficient  to  Incapacitate  the  voter  from  marking  his 
ballot  properly.  Such  assistance  shall  not  be  rendered  for  any  other  cause  ex- 
cept as  above  stated. 

Section  5078-1.    It  shall  be  lawful  for  any  qualified  Application 
elector  who  finds  that  he  will  be  unavoidably  absent  from  vote?'?bSiot. 
his  home  precinct  on  the  day  of  any  general,  special  or 
primary  election  to  apply  to  the  clerk  of  the  board  of 
deputy  state  supervisors  of  elections  of  his  home  county 
in  writing  or  in  person  not  earlier  than  thirty  days  and  not 
later  than  three  days  prior  to  election  day,  stating  the  fact 
of  his  unavoidable  absence  from  his  precinct  on  election 
day   and   making   application   in   writing  for  an   absent 
voter's  ballot.     After  such  clerk  shall  have  satisfied  him-  Ouajmcatio^n 
self  that  the  applicant  is  a  duly  qualified  voter  in  such  nvery  of  baiiot. 
precinct  and  is  the  person  representing  the  name  in  which 
such  application  is  made  and  that  in  precincts  where  regis- 
tration is  required  the  applicant  has  complied  with  the  law 
in  regard  to  registration,  he  shall  deliver  to  such  voter  or 
send  him  by  registered  mail,  as  the  case  may  be,  one  of  the 
absent  voter's  ballot  provided  for  such  election,  together 
with  an  identification  envelope  and  a  return  envelope  such 
as  are  hereinafter  described,  to  be  used  by  said  voter  as 
hereinafter  directed.     All   supplies  necessary   for  absent  supplies  for  ab- 
voting  shall  be  furnished  by  the  proper  election  officers  fuJiiJhed!^ 
without  cost  to  the  voter,  and  no  electiou  or  other  official 
of  the  state  of  Ohio  shall  make  any  charge  for  services 


132 


CASTING  AND  COUNTING  OF  VOTE. 


Chap.  9 


rendered  to  voters  under  the  provisions  of  this  act,  but 
each  voter  shall  be  required  to  pay  the  cost  of  mailing  and 
registering  the  envelope  containing  his  ballot  after  the 
same  has  been  sealed.  Where  there  are  two  or  more  ballots 
to  be  voted  at  such  election  in  the  absent  voter's  home 
precinct  he  shall  be  supplied  with  one  of  each  such  ballots. 
Speciflcations  SECTION  5078-2.     The  identification  envelope  and  re- 

and  ritura  ******"  tum  envelope  provided  for  herein  shall  be  of  such  form, 
env«iop«t.  size  and  weight  as  may  be  prescribed  by  the  state  super- 

visor of  elections.     The  identification  envelope  shall  have 
printed  upon  its  face  an  affidavit  in  the  following  form : 


** State  of. 
County  of. 


j-ss. 


I, do  solemnly 

swear  that  I  am  a  resident  of  and  a  qualified  voter  in 

AiiidaTit.  precinct  of ward 

(or  township)  in  the  city,  village,  or  county  of 

Ohio;  that  I  have  not  voted  at  any  general,  primary  or 
special  election  on  this  day  or  within  thirty  days  prior  to 
this  day  in  any  other  village,  city  or  county  of  Ohio,  nor 
in  any  other  state  within  a  year,  that  I  have  the  legal  right 
to  vote  at  the  election  to  be  held  in  said  city,  village  or 

county  on  the day  of ,  19 .... , 

and  that  I  have  herein  enclosed  my  ballot  for  such  election, 

duly  marked  as  required  by  law  in  the  presence  of 

a in  and  for 

county,  state  of 

(Signed) 

Voter. 
Residence  address, 

Subscribed  and  sworn  to  before  me,  a 

in  and  for county,  state  of 

this day  of . : ,19 ;  and  I 

hereby  certify  that  the  affiant, , 

who  is  personally  known  to  me  to  be  the  person  he  repre- 
sents himself  to  be, 

or 
has  been  proven  to  be  the  person  whom  he  represents  him- 
self to  be  by ,  whose  address  is 

and  who  is  a  creditable  person 

known  to  me, 

presented  himself  before  me  on  the  day  above  named  in  the 

city,  or  village,  of ,  county 

of ,  state  of 

that  he  exhibited  to  me  the  enclosed  ballot  and  that  the 
same  was  unmarked;  that  he  before  me  at  the  same  time 
and  place  marked  his  ballot,  but  in  such  manner  that  I 
did  not  see  his  vote ;  that  he  then  folded  and  enclosed  said 
ballot,  so  marked,  in  this  envelope,  which  envelope  he 
handed  to  me  sealed,  to  be  forwarded  by  me  by  registered 


Chap.   9  CASTING  AND  COUNTING  OP  VOTl.  188 

mail,  to  the  clerk  of  the  board  of  deputy  state  supervisors  of 
elections  in  the  said  county  of ,  Ohio. 

(Signed)  

in  and  for  the  county  of 

State  of 

The  receipt  for  the  ballot  shall  be  in  the  following 
form  I 

RECEIPT  FOR  ABSENT  VOTER'S  BALLOT. 

Executed  and  delivered  at ,  State  Beceii»t. 

of ,  this day  of ,19 

This  is  to  certify  that  on  this  day  I  received  from 

his  absent  voter's  ballot  for  the 

precinct  of  the ward,  or  township,  of  the  city, 

village  or  county  of ,  state  of  Ohio, 

duly  marked  and  sealed  in  the  identification  envelope  and 
that  I  enclosed  the  same  in  the  return  envelope  addressed 
to  the  board  of  deputy  state  supervisors  of  elections  of  said 
voter's  home  county  to  be  by  me  forwarded  before  six 
o'clock  p.  m.,  on  this  day. 

Signed 


(Official  Character.) 


Section  5078-3.     At  any  time  not  more  than  thirty  when  and  how 
days  nor  less  than  three  days  prior  to  the  day  of  election,  J^ff  caSf^ia 
the  elector  who  has  made  application  for  and  received  the  baiiot. 
absent  voter 's  supplies  herein  provided  for,  may  appear  be- 
fore any  board  of  deputy  state  supervisors  of  elections  of 
this  state,  or  any  officer  or  clerk  of  such  board  at  the  office  gj^  ^j  ^^^: 
of  said  board  or  before  any  officer  either  within  or  without  and  official. 
this  state,  authorized  to  administer  oaths,  and  mark  and 
seal  his  ballot  under  the  scrutiny  of  such  official  and  in  the 
following  manner :    The  voter  shall  first  display  the  ballot 
to  such  official  as  evidence  that  the  same  is  unmarked  and 
shall  then  proceed  to  mark  the  ballot  in  the  presence  of  such 
official  but  in  such  manner  that  such  official  is  unable  to 
see  how  the  same  is  marked  and  shall  then  fold  said  ballot 
and  enclose  and  seal  the  same  in  the  identification  envelope. 
The  voter  shall  then  make  out  and  swear  to  the  affidavit 
printed  on  the  face  of  such  envelope  and  deliver  the  same 
properly  sealed  to  the  official  before  whom  the  ballot  is 
marked.     Such  official  shall  sign  and  deliver  to  the  voter 
the  receipt  for  the  ballot  and  shall  certify  to  the  affidavit 
printed  on  the  identification  envelope,  which  envelope  con- 
taining the  ballot  and  sealed  as  aforesaid  shall  be  by  the 
voter  placed  in  the  return  envelope  and  mailed  by  the  offi- 
cial at  once  by  registered  mail  to  the  board  of  deputy  state 
supervisors  of  elections  of  the  home  county  of  the  voter. 
In  the  event  such  ballot  is  marked  prior  to  the  day  of  elec-  J'Xf "^tJ^" 
tion  before  the  board  of  deputy  state  supervisors  or  some  prior  to  eiec- 
officer  or  clerk  of  such  board  of  the  home  county  of  the  "°"  ***^- 


lU 


CASTING  AND  COUNTING  OP  VOTE. 


Chap.  9 


Notice  to  pre- 
siding Judges  of 
absent   voter's 
ballots  fur- 
nished. 


ReceiTiUK  and 
countine  of  bal- 
lots outside  reg- 
istration pre- 
cincts. 


Delivery  of  bal- 
lots to  pre- 
siding judge. 


elector  the  identification  envelope  containing  the  ballot 
when  sealed,  shall  be  placed  by  such  board,  officer  or  clerk, 
in  a  safe  place  and  kept  there  unopened  until  same  shall  be 
delivered  to  the  presiding  judge  of  the  proper  precinct  as 
provided  in  section  5078-5  herein. 

Section  5078-4.  It  shall  be  the  duty  of  the  clerk  of  the 
board  of  deputy  state  supervisors  of  elections  to  notify  the 
presiding  judge  of  the  precinct  of  which  any  absent  voter 
claims  to  be  an  elector  of  the  fact  that  such  voter  has  ob- 
tained an  absent  voter's  ballot  and  other  supplies,  such 
notification  to  be  made  before  election  day  and  should  such 
voter  unexpectedly  return  to  his  home  precinct  on  election 
day  he  shall  not  be  allowed  to  vote  there  until  he  shall  have 
surrendered  to  the  judges  of  election  the  absent  voter's  bal- 
lot and  all  other  supplies  with  which  he  may  have  been 
furnished. 

Section  5078-5.  Ballots  cast  by  absent  voters  under 
the  provisions  of  this  act  shall  be  received  and  counted  by 
the  several  boards  of  deputy  state  supervisors  of  elections, 
as  follows:  (In  all  precincts  of  the  state  outside  of  regis- 
tration cities  all  envelopes  containing  such  votes  deposited 
with  the  board  or  received  by  mail  before  the  delivery  by 
such  board  of  the  election  supplies  to  the  several  presiding 
judges  of  elections  as  provided  in  section  5038  of  the  Gen- 
eral Code  shall  be  opened  by  such  board  of  deputy  state 
supervisors  of  elections  and  the  identification  envelopes 
containing  the  ballot  shall  be  distributed  and  delivered  to 
the  presiding  judge  of  the  home  precinct  of  each  absent 
voter  along  with  the  other  election  supplies  specified  in 
such  section  5038.  Such  presiding  judge  shall  preserve 
the  same  and  as  soon  as  the  polls  are  opened  on  the  morn- 
ing of  election  day  he  shall  proceed  to  deposit  the  absent 
voter's  ballots  in  the  following  manner:  He  shall  take  up 
one  absent  voter's  identification  envelope  in  the  presence 
of  all  the  judges  and  after  announcing  in  an  audible  voice 
the  name  of  such  absent  voter  he  shall  tear  open  such  en- 
velope without  defacing  the  affidavit  or  certificate  printed 
thereon  or  mutilating  the  enclosed  ballot  or  ballots,  and, 
without  unfolding,  deposit  the  same  in  the  proper  ballot 
box.  The  identification  envelope  shall  be  preserved  and 
returned  to  the  board  of  deputy  state  supervisors  of  elec- 
tions at  the  close  of  the  polls  with  the  registration  lists  and 
tally  sheets.  This  process  shall  be  repeated  with  each  ab- 
sent voter 's  ballot  until  all  such  ballots  have  been  deposited 
in  the  box.  In  all  such  precincts  all  envelopes  containing 
absent  voter's  ballots  deposited  with  or  received  by  any 
board  of  deputy  state  supervisors  of  elections  after  the  de- 
livery by  such  board  of  the  election  supplies  to  the  several 
presiding  judges  as  described  above  and  before  the  hour 
for  closing  the  polls  on  election  day  shall  be  opened  by 
the  board  in  its  office  before  such  close  of  the  polls  and  tab- 
ulated according  to  the  home  precinct  of  the  voters  whose 
votes  have  been  so  deposited  or  received,  each  voter's  bal- 


Chap.  9 


CASTING  AND  COUNTING  OF  VOTE. 


135 


lot  being  accredited  to  his  proper  precinct  and  counted 
with  the  votes  therein  cast,  the  total  vote  thus  arrived  at 
in  each  precinct  shall  be  the  vote  of  th'at  precinct  for  that 
election.  Absent  voter's  ballots,  so  counted  by  the  board 
of  deputy  state  supervisors  of  elections  shall  be  preserved 
with  the  other  ballots  oast  in  the  proper  precincts  for  sucli 
time  as  ballots  are  required  to  be  preserved  by  law.  In  all 
precincts  of  the  state  where  registration  is  required  by  law 
all  envelopes  containing  absent  voter's  ballots  deposited 
with  the  board  of  deputy  state  supervisors  of  elections  or 
received  by  mail  before  the  delivery  by  such  board  of  the 
election  supplies  to  the  several  presiding  judges  of  elec- 
tions as  provided  in  section  5039  of  the  General  Code  shall 
be  opened  by  said  board  of  deputy  state  supervisors  of  elec- 
tions and  the  identification  envelopes  containing  the  ballots 
shall  be  distributed  and  delivered  to  the  presiding  judges 
of  the  home  precinct  of  each  voter  along  with  the  other 
election  supplies  specified  in  such  section  5039.  Such  pre- 
siding judges  shall  care  for  and  deposit  all  such  absent 
voter's  ballots  in  the  same  manner  as  such  ballots  are  cared 
for  and  deposited  in  precincts  where  there  is  no  registra- 
tion. In  all  such  precincts  if  any  such  envelopes  contain- 
ing absent  voter's  ballots  are  received  by  the  board  of 
deputy  state  supervisors  of  elections  before  the  hour  for 
the  close  of  the  polls  on  election  day  but  too  late  to  be  dis- 
tributed to  the  proper  precincts  the  same  shall  be  opened 
by  the  board  of  deputy  state  supervisors  of  elections  and 
the  ballots  therein  counted,  accredited  and  prescribed  as 
is  done  with  ballots  received  after  the  distribution  of  sup- 
plies in  precincts  where  no  registration  is  required. 

Section  5078-f).  If  before  any  identification  envelope 
^•ontaining  an  absent  voter's  ballot  is  delivered  to  any  pre- 
siding judge  or  opened  by  any  board  of  deputy  state  super- 
visors of  elections,  the  purported  signature  of  such  absent 
voter  as  the  same  appears  on  such  envelope  does  not  in  the 
Judgment  of  the  board  of  deputy  state  supervisors  of  elec- 
tions correspond  with  the  signature  of  such  voter  as  the 
same  appears  on  the  application  for  such  absent  voter's 
ballot  as  previously  filed  or  with  the  signature  of  the  same 
name  on  the  precinct  register,  where  such  register  is  re- 
quired by  law,  then  and  in  that  case  the  board  of  deputy 
state  supervisors  of  elections  may  refuse  to  deliver  or  to 
count  such  ballot,  but  no  such  ballot  shall  be  rejected  for 
that  cause  after  the  envelope  containing  the  same  has  been 
opened.  Any  absent  voter  whose  ballot  has  been  rejected 
by  the  board  of  deputy  state  supervisors  in  his  county  may, 
in  case  of  a  contest  of  such  election,  produce  evidence  in 
such  contest  to  establish  his  right  to  have  such  ballots  so 
rejected,  counted  in  such  election. 

Section  5078-7.  Any  commissioned  officer  of  any  regi- 
ment of  the  Ohio  National  Guard  shall  have  full  power  to 
administer  oaths,  certify  affidavits,  receive,  receipt  for  and 
mail  ballots  and  do  and  perform  any  and  all  other  official 


Receiving  and 
counting  of  bal- 
lots  In   registra- 
tion  precincts. 


Rejection  of 
ballot  when  sig- 
natures do  not 
correspond. 


Right  to  produce 
evidence  in  case 
of  contest. 


ronimlssioned 
oflBcer  empowered 
to  perform  all 
official  acta  to 
enable   soldier 
to  vote. 


136 


CASTING  AND  COUNTING  OF  VOTE. 


Chap.  9 


students  attend- 
ing college, 
school,  etc..  Tot- 
ing in  other 
than  his  home 
county;  pro- 
cedure. 


Voting  at  insti- 
tution; houn 
for  voting. 


Compensation 
of  officer  or 
member. 


Unofficial   bal- 
lots shall  not 
be  deposited  in 
ballot  box. 


acts  necessary  under  section  5078-3  to  enable  members  of 
such  guard  to  avail  themselves  of  the  provisions  of  this 
statute  when  absent  from  their  home  precincts  by  the  rea- 
son of  the  fact  that  they  are  on  duty  either  within  or  with- 
out the  state. 

Section  5078-8.  If  any  person  in  this  state  shall  move 
or  shall  have  moved  from  one  county  to  another  to  attend 
any  college,  academy,  normal  school,  university  or  other 
institution  of  learning  located  in  such  other  county,  his 
legal  residence  for  the  purpose  of  voting  shall  be  deemed 
to  be  the  county  from  which  he  came,  hereinafter  known 
as  his  home  county,  and  he  shall  not  vote  in  the  county 
into  which  he  has  moved,  being  that  in  which  such  college 
or  other  institution  of  learning  is  located,  unless  he  shall 
have  the  intention  of  continuing  to  reside  in  such  county 
into  which  he  has  moved  when  he  shall  have  ceased  to  attend 
such  institution  of  learning.  Whenever  any  college,  acad- 
emy, normal  school,  university  or  other  institution  of  learn- 
ing has  in  attendance  such  persons  herein  described  who 
are  desirous  to  vote  at  any  election  at  which  they  are  eligi- 
ble to  vote  in  the  proper  precinct  in  their  home  county,  the 
president  of  such  college  or  other  institution  of  learning  or 
any  three  such  persons  who  are  desirous  to  so  vote,  may,  in 
writing,  request  the  board  of  deputy  state  supervisors  of 
elections  of  the  county  in  which  the  same  is  located  to  cause 
some  officer  or  member  of  such  board  to  visit  the  institution 
on  some  day  to  be  fixed  by  the  board,  and  of  which  the 
president  or  such  three  persons,  as  the  case  may  be,  shall 
have  ample  notice,  not  more  than  twenty  nor  less  than  five 
days  before  the  date  of  any  such  election  so  to  be  held. 
On  the  date  so  fixed  such  officer  or  member  of  the  board 
shall  attend  at  said_  institution  in  a  room  to  be  furnished 
by  the  president,  between  the  hours  of  eight  o'clock  a.  m. 
and  twelve  o'clock  noon  and  between  the  hours  of  one 
o'clock  p.  m.  and  six  o'clock  p.  m.,  and  there  administer 
oaths,  certify  to  affidavits,  receive  and  receipt  for  any  ab- 
sent voter's  ballots  in  the  manner  provided  for  in  section 
5078-3  herein  from  any  persons  in  attendance  at  such  in- 
stitution who  may  be  desirous  of  availing  themselves  of 
the  provisions  of  this  act.  For  this  service  such  officer  or 
member  shall  receive  the  r  lal  per  diem  and  mileage  paid 
to  presiding  judges  in  sue:i  county,  to  be  paid  as  such 
judges  are  paid  out  of  the  treasury  of  the  county  in  which 
such  institution  of  learning  is  situated.  In  the  event  that 
there  are  more  than  one  hundred  such  absent  voters  who 
desire  to  vote  at  such  institution,  the  county  board  of 
deputy  state  supervisors  of  elections  may  designate  and 
appoint  more  than  one  of  its  members.  oiT  ts  or  clerks  to 
attend  as  herein  provided,  such  additional  officials  to  re- 
ceive pay  and  mileage  as  herein  above  provided  in  cases 
when  only  one  person  has  been  designated.     (107  0.  L.  52.) 

Section  5079.  No  ballot  without  the  official  endorse- 
ment shall  be  allowed  to  be  deposited  in  the  ballot  box, 


Chap.    9  CASTING  AND  COUNTING  OF  VOTE.  137 

and  none  but  ballots  provided  in  accordance  with  the  pro- 
visions of  this  title  shall  be  counted.    (98  v.  225  §  22.) 

Section  5080.     The   county    executive   conunittee   of  Party  iMi>ector 
each  party  having  a  ticket  to  be  voted  on  at  an  election,  ^t^  \nd*'fd- 
may  designate  a  suitable  person  to  be  present  as  inspector  K^puJe.^*"'' 
and  witness  and  inspect  the  counting  of  the  votes  in  each 
precinct,  who  shall  be  admitted  to  the  voting  place  and  be 
entitled  to  a  copy  of  the  certificates  hereinafter  provided 
for.     In  special  elections,  when  there  are  no  candidates  to 
be  elected,  the  judges  of  election  at  least  one  day  before 
the  election  shall  appoint  and  make  public  one  known  rep- 
resentative of  each  side  of  the  question  to  be  submitted,  as 
inspector.       No  other  person,  except  the  election  oflScers 
shall  be  admitted  to  tho  polling  place  before  or  after  the 
count  begins.     (97  v.  225  §  23.) 

Note  : — The  words  "Election  officers"  as  used  in  Sec.  23  of  the  ballot  act. 
includes  the  challengers, 

Oliver  v.  Bode  et  al.,  6  0.  D.  57. 

A  committee  of  five  named  in  nomination  papers  to  represent  an  independent 
candidate,  is  not  authorized  to  "designate  a  suitable  person  to  be  present  as 
inspector  to  vyitness  and  inspect  the  counting  of  the  vote  in  each  precinct"  within 
the  provisions  of  this  section. 

The  provisions  of  this  section,  as  to  the  appointment  of  challengers  and  in- 
spectors of  elections,  are  not  mandatory  but  directory  only,  and  failure  to  make 
such  appointments  is  an  irregularity  which  does  not  invalidate  an  election  at  which 
there  was  a  comparatively  full  vote  cast  with  no  evidence  of  fraud  or  attempts  to 
deceive ;  nor  does  the  dereliction  of  deputy  state  supervisors  of  elections,  or  of 
any  of  them,  invalidate  an  election,  where  it  does  not  appear  that  except  for  such 
dereliction  there  would  have  been  a  different  result.  State  ex  rel.  Johnson  et  al, 
V.  Village  of  McClure,  5  0.  N,  P,   (N.  S.)   541. 

The  words  "voting  place"  should  be  construed  to  mean  the  room  or  apartment 
In  which  the  judges  are  during  the  counting  of  the  ballots. 

A  political  party  entitled,  under  this  section  to  name  an  inspector,  is  a  poli- 
tical party  within  the  meaning  of  Sec.  2966-18. 

No  one  other  than  election  officers  and  inspectors  shall  be  present  or  witness 
tlie  count  of  ballots. 

Section  5080-1.  Not  later  than  forty  days  prior  to  an  Jf^taJiSm 
election  at  which  questions  are  to  be  submitted  to  a  vote  ^bmitted""°° 
of  the  people,  any  committee  which  in  good  faith  advocates 
or  opposes  a  measure  may  file  a  petition  with  the  board  of 
deputy  st^te  supervisors  of  elections  of  any  county  asking 
that  such  petitioners  be  recognized  as  the  committee  entitled 
to  nominate  inspectors  to  the  count  at  such  election,  as 
herein  provided.  If  more  than  one  committee  alleging  them- 
selves to  advocate  or  oppose  the  same  measure  file  such  pe- 
titions, the  board  of  deputy  state  supervisors  shall  decide 
and  announce  by  registered  mail  to  each  committee  not  later 
than  thirty  days  immediately  preceding  the  election,  which 
committee  is  entitled  to  nominate  such  inspectors.  Such 
decision  shall  not  be  final  but  any  aggrieved  party  may 
institute  mandamus  proceedings  in  the  common  pleas  court 
of  the  county  wherein  such  deputy  state  supervisors  have 
jurisdiction  to  compel  such  board  of  deputy  state  super- 
visors to  certify  the  nominees  of  such  aggrieved  party  to  the 
judges  of  elections  as  herein  provided. 

Any  such  duly  recognized  committee  may  nominate  an  count  in  each 
elector  as  an  inspector  to  the  count  in  each  precinct.    Such  S^^ISati^n? "* 
committee  shall  file  the  names   rf  tl  3  pei^rns  nominated  flied. 
with  the  deputy  state  supervisor!  of  €  Bctioni  of  the  county 


138 


CASTING  AND  COUNTING  OF  VOTE.  Chap.   9    j 


in  which  the  inspectors  reside  at  least  five  days  before  the 
election.  The  committees  may  also  file  the  names  of  the 
nominees  for  inspectors  for  each  precinct  with  the  chairman 
of  the  judges  of  election  of  that  precinct.  The  deputy  state 
supervisors  of  election  shall  certify  the  nominees  for  each 
precinct  to  the  judges  of  elections  of  the  respective  pre- 
cinct. If  the  deputy  state  supervisors  of  election  have  not 
certified  nominations  as  herein  provided  forty-eight  hours 
immediately  preceding  the  election,  the  judges  of  election 
of  each  precinct  shall  appoint  such  nominees  without  such 
certification.  In  no  case  shall  more  than  six  such  inspectors 
be  appointed  for  any  one  election  in  any  one  precinct.  If 
more  than  three  questions  are  to  be  voted  on,  the  committees 
which  have  nominated  inspectors  as  herein  provided,  may 
agree  upon  not  to  exceed  six  inspectors  and  the  judges  of 
election  shall  appoint  such  inspectors.  If  such  committees 
fail  to  agree  the  judges  of  election  shall  appoint  six  inspec- 
tors from  nominees  so  certified  in  such  manner  that  each 
side  of  the  several  questions  shall  be  represented.  (104 
V.  124.) 


Certificate  and 
proclamation 
of  vote  cast. 


Opening  of 
ballot  box  and 
counting  of 
ballots. 


Section  5081.  Immediately  upon  the  close  of  the 
polls,  the  number  of  electors  entered  and  shown  on  the 
poll  books  as  having  voted,  shall  be  first  certified  therein 
and  signed  by  the  board  of  judges  and  clerks.  Before  any 
other  or  further  proceedings,  the  president  or  chairman  of 
the  board  shall  make  proclamation  in  a  loud  voice  outside 
of  the  polling  room,  stating  the  number  of  votes  so  shown 
and  certified  on  the  poll  books.  Thereupon  the  judges,  in 
the  presence  of  the  clerks  and  inspectors  above  provided 
for,  shall  destroy  the  ballots  remaining  unvoted.  (97  v. 
235  §  23.) 

Section  5082.  The  ballot  box  sliall  then  without  ad- 
journment or  delay  be  opened,  and,  without  opening  any 
ballot  or  ascertaining  its  contents,  the  number  of  ballots 
shall  first  be  counted.  If  the  number  of  ballots  exceeds 
the  number  of  names  on  the  poll  books,  the  ballots  shall  be 
replaced  in  the  box  and  one  of  the  judges,  with  his  back 
to  the  box  and  without  seeing  it,  shall  draw  out,  without 
showing  them,  and  destroy  a  number  of  ballots  equal  to  the 
excess.  If,  during  the  counting  of  the  ballots  or  at  the 
conclusion  of  the  counting,  an  excess  of  ballots  is  discov- 
ered, all  the  ballots  shall  be  returned  to  the  box,  and,  after 
being  thoroughly  mingled,  the  excess  shall,  in  the  same 
manner,  be  drawn  out  and  destroyed,  and  the  count  cor- 
rected accordingly.  When  ballots  have  thus  been  drawn 
out  and  destroyed,  a  minute  of  the  number  destroyed  and 
the  reason  therefor  shall  be  made  on  the  tally  sheet.  (97 
V.  235  §  24.) 


Note  : — ^A  candidate  who   is   present  at   the  counting   of   the   ballots,   and    ',: 

declared  himself  satisfied  with  the  result  is  not  thereby  estopped  from  contesting    ^ 

the  election.  -'i 

State  ex  rel.  v.  Conser.  5  C.  C   (N.  S.)  119.  ^li 


Chap.  9 


CASTING  AND  COUNTING  OP  VOTE. 


139 


Section  5083.  One  of  the  ballots  shall  then  be  taken  countine  of 
out  of  the  ballot  box  by  one  of  the  judges  and  shall  forth-  '''*^**' 
with  be  inspected  by  all  the  judges  and  inspectors.  If  the 
judges  all  agree  as  to  how  the  ballot  shall  be  counted,  one 
of  them  shall  place  it  where  it  can  readily  be  seen  by  the 
other  judges  and  by  the  inspectors,  and  shall  read  aloud 
distinctly  the  names  of  the  candidates  voted  for  and  the 
answers  to  any  questions  that  may  have  been  submitted, 
and  the  clerks  shall  forthwith  tally  the  same.  In  the  event 
that  the  judges  do  not  agree  as  to  how  any  part  of  the  ballot 
shall  be  counted,  such  ballot  shall  not  be  counted  but  shall 
be  placed  iu  an  envelope  provided  for  the  purpose.  The 
same  method  shall  be  observed  in  respect  to  all  the  ballots 
until  all  the  ballots  shall  have  been  taken  from  the  ballot 
boxes.     (102  V.  186.) 

N0TP3 : — If  a  voter  makes  a  mark  above  or  below  or  on  the  side  or  at  the  top 
of  the  column  occupied  by  the  name  of  the  non-partisan  candidate,  his  intention 
to  vote  for  such  candidate  is  clearly  indicated  and  the  ballot  should  be  counted. 
State  ex  rel.  Marabach  v.  Markley,  9  0.  C.  C.  (N.  S.)  561. 


Section  5084.  If  a  ballot  with  a  certain  designated 
heading  contains  printed  thereon  in  place  of  another,  a 
name  not  found  on  a  regular  ballot  having  such  heading, 
such  name  shall  be  regarded  by  the  judges  as  having  been 
placed  thereon  for  the  purpose  of  fraud  and  the  ballot  shall 
not  be  counted  for  the  name  so  found.     (R.  S.  Sec.  2952.) 

Section  5085.  If  two  or  more  ballots  are  found  folded 
or  rolled  together,  it  shall  be  conclusive  evidence  of  their 
being  fraudulent,  and  neither  shall  be  counted.  (R.  S.  Sec. 
2953.) 

Section  5086.  If  a  ballot  contains  a  greater  number 
of  names  for  any  office  than  the  number  of  persons  required 
to  fill  that  office,  it  shall  be  considered  fraudulent  as  to  the 
whole  of  the  names  designated  to  fill  such  office,  but  no 
further.     (R.  S.  Sec.  2954.) 

Section  5087.  A  ballot  shall  not  be  considered  fraud- 
ulent for  containing  a  less  number  of  names  than  are 
authorized  to  be  inserted.     (R.  S.  Sec.  2955.) 

Section  5088.  The  clerk  shall  enter  in  separate  col- 
umns by  tallies  under  or  opposite  the  names  of  the  persons 
voted  for,  and  the  answers  to  the  questions  that  may  have 
been  submitted  as  provided  in  the  form  of  tally  sheets,  all 
votes  thus  read  by  the  judges.  After  the  examination  of 
the  ballots  has  been  completed,  the  number  of  votes  for 
each  person  and  for  the  respective  answers  to  each  question 
submitted,  shall  be  enumerated  under  the  inspection  of  the 
judges  and  set  down,  as  provided  in  the  form  of  the  tally 
sheets.     (102  v.  186.) 

Section  5089.  When  the  result  of  the  ballot  is  ascer- 
tained it  shall  immediately  be  announced  by  one  of  the 
judges  in  front  of  the  polling  place  and  such  result  shall  be 
embodied  in  a  summary  statement  to  be  prepared  by  said 
judges  and  clerks  in  triplicate,  one  copy  of  which  shall  be 
certified  by  the  judges  and  clerks  and  posted  on  the  front 


When   name 
printed  on 
ticket  fraud- 
ulently. 


When  two  or 
more  ballots 
are  folded 
together. 


When  a  baUot 
contains  too 
many  names. 


Ballot  may 
contain   less 
names  than 
authorized. 

Tally  sheet 
entries. 


Proclamation 
of  result  and 
rertifled  in 
trlDllcatc. 


140 


CASTING  AND  COUNTING  OP  VOTE. 


Chap.  9 


Unofficial  count 
certified  to  sec- 
retary of  state 
on  day  follow- 
ing election. 


Preserving  and 
counting  of  dis- 
puted ballots. 


PreserTatlon  of 
all  ballots. 


When  and  how 
ballots  shall  be 
destroyed. 


Opening  of  bal- 
lots In  con- 
tested cases. 


of  the  polling  place,  and  two  copies,  similarly  certified,  to  be 
transmitted  forthwith  to  the  board  of  deputy  state  super- 
visors of  elections  in  a  sealed  envelope  separate  from  that 
containing  the  poll  book  and  tally  sheet.  Such  board  shall 
immediately  upon  receipt  of  such  summary  statements,  com- 
pile and  prepare  an  unofficial  count  and  on  the  day  follow- 
ing the  election  shall  certify  the  result  thereof  to  the 
secretary  of  state.     (103  v.  28.) 

Section  5090.  If  there  are  any  ballots  placed  in  the 
envelopes  for  uncounted  ballots,  such  envelopes  shall  be 
sealed  and  returned  to  the  deputy  state  supervisors  with 
the  returns  of  the  election,  to  be  by  them  counted.  At  least 
one  day  before  the  beginning  of  the  official  count,  the  board 
of  deputy  state  supervisors,  in  the  presence  of  one  person 
duly  authorized  by  the  chairman  of  each  county  controlling 
committee  and  the  chairman  of  the  committee  of  each  set 
of  candidates  nominated  by  petition,  shall  open  the  en- 
velopes containing  the  uncounted  ballots  and  determine 
what  part  and  for  whom  each  ballot  shall  be  counted, 
and  proceed  to  count  and  tally  the  same.  Said  ballots  shall 
be  further  preserved  for  such  judicial  or  other  investiga- 
tion as  may  be  necessary.     (103  v.  266.) 

Section  5090-1.  Before  separating,  the  judges  and 
clerks  shall  fold  in  two  folds  and  string  closely  upon  a  single 
piece  of  flexible  wire,  all  ballots  which  shall  have  been 
counted  by  them,  unite  the  ends  of  such  wire  in  a  firm  knot 
in^  such  manner  that  it  cannot  be  untied  without  breaking 
the  seal,  enclose  the  ballots  so  strung  in  a  secure  cloth  or 
heavy  paper  covering  and  securely  tie  and  seal  such  cover- 
ing with  official  wax  impression  seals,  to  be  provided  by  the 
deputy  state  supervisors  of  elections,  in  such  manner  that 
it  cannot  be  opened  without  breaking  the  seals,  and  deliver 
said  ballots  in  such  sealed  covering  to  the  deputy  state 
supervisors  of  elections,  and  such  officers  shall  carefully 
preserve  such  ballots  for  thirty  days,  and  at  the  expiration 
of  that  time  shall  destroy  them  by  burning  without  pre- 
viously opening  the  package.  Such  ballots  shall  be  destroyed 
in  the  presence  of  the  official  custodians  thereof  and  two 
electors  of  approved  integrity  and  good  reputation  and 
members  respectively  of  the  two  leading  political  parties. 
The  said  electors  shall  be  designated  by  the  board  of  deputy 
state  supervisors  of  elections  of  the  county  in  which  such 
ballots  are  kept;  provided  that  if  any  contest  of  election 
shall  be  pending,  at  the  expiration  of  said  time  the  said  bal- 
lots shall  not  be  destroyed  until  such  contest  is  finally  de- 
termined. In  all  cases  of  contested  elections,  the  parties  con- 
testing the  same  shall  have  the  right,  after  a  prima  facie 
case  of  fraud,  mistake  or  error  is  shown,  to  have  said  ballots 
opened  and  to  have  all  errors  made  in  counting  corrected  by 
the  court  or  body  trying  such  contest ;  but  such  ballots  shall 
be  opened  only  in  open  court  or  in  open  session  of  such  body 
and  in  the  presence  of  the  officers  having  the  custody 
thereof.     (106  v.  209.) 


Chap.   9  CASTINQ  AND  COUNTING  OP  VOTE.  141  ^ 

Section  5090-1.    At  presidential  elections,  the  names  eie^tions"*^  '• 

of  the  candidates  for  president  and  vice  president  shall  he  ; 

printed  on  the  tally  sheet.     When,  upon  a  ballot,  all  the  ; 

candidates  of  the  same  party  for  presidential  elector  are  \ 

voted  for,  one  of  the  judges  shall  so  announce  and  the  clerks  i 

shall  record  such  votes  by  a  tally  opposite  the  names  of  the 

candidates  for  president  and  vice  president.    When,  upon  j 

a  ballot,  candidates  for  more  than  one  party  for  presi-  ■ 

dential  elector,  or  less  candidates  for  presidential  elector  ] 

than  are  to  be  elected,  are  voted  for,  one  of  the  judges  shall  ■ 

so  announce  and  the  clerks  shall  record  such  votes  by  a  tally  : 

opposite  the  name  of  the  proper  candidate  for  presidential  *■■ 

elector.    The  total  of  all  votes  cast  for  each  candidate  for  \ 

presidential  elector  shall  be  enumerated  under  the  inspec-  -; 

tion  of  the  judges  and  set  down  to  the  credit  of  the  presi-  .; 

dential  elector  so  voted  for.     (102  v.  186.)  1 

Section  5090-2.     If  three  or  more  electors  of  any  elec-  order  to  strike  ^ 

tion  district  have  reason  to  believe  that  a  name  appearing  naTes^megafiy  j 

upon  any  election  register  made  for  the  registration  of  elec-  how*obS5a«d.  1 

tors  for  a  succeeding  election  is  illegally  registered,  they  ; 

may  apply  in  writing  to  any  common  pleas  judge  of  the  • 

judicial  district  or  the  probate  judge  of  the  county  in  which  i 

the  election  precinct,  upon  the  register  of  which  such  name  \ 

appears,  is  situated,  for  an  order  to  strike  such  name  from  \ 

the  register.    Such  application  shall  not  be  made  later  than  i 

the  Tuesday  preceding  such  election.    At  the  time  of  so  ap-  \ 

plying,  they  shall  present  to  the  said  judge  an  affidavit  ; 

signed  by  one  or  more  of  them,  setting  forth  their  reasons  ;i 

for  believing  that  the  said  name  is  illegally  registered.  Said  \ 

judge  shall  forthwith  consider  said  application,  and  if  he  j 

shall  determine  from  said  affidavit  or  other  evidence  that  '• 

there  is  reasonable  ground  for  believing  that  said  name  is  | 

illegally  registered  he  shall  forthwith  cause  notice  of  said  j 

application  to  be  served  by  the  sheriff  upon  the  person,  the  ] 

registration  of  whose  name  is  attached,  and  a  copy  of  such 

notice  to  be  mailed  to  him  by  special  delivery  to  the  address  j 

which  appears  from  the  register  to  be  his  residence.    This  ! 

service  shall  be  made  by  leaving  a  copy  of  the  notice  with  \ 

said  person,  or,  if  he  be  not  found,  then  by  leaving  a  copy  ' 

thereof  at  the  place  which  appears  from  the  register  to  be 

his  residence.    Return  thereof  shall  be  made  within  forty-  J 

eight  hours.    Said  notice  shall  briefly  state  the  substance  of  ■ 

the  said  application  and  shall  order  such  person  to  appear  j 

before  said  judge  in  the  court  house  of  the  county  in  which  ! 

such  voting  precinct  is  situated,  at  an  hour  to  be  named  j 

therein,  which  shall  be  at  least  forty-eight  hours  after  the  j 

service  of  such  notice.    At  the  hour  named  for  the  appear-  ^ 

ance  of  such  person,  the  said  judge  shall  proceed  to  inves-  ^ 

tigate  whether  such  name  is  illegally  registered.    Witnesses 

may  be  summoned  in  the  usual  way  to  testify  in  regard 

thereto.    If  the  judge  shall  find  that  said  name  is  illegally  \ 

registered,  he  shall  order  such  name  to  be  stricken  from  the  j 

register  by  an  order  directed  to  the  election  judges  of  said  \ 

precinct,  which  order  shall  be  served  by  the  sheriff  or  core-  \ 


142 


CASTING  AND  COUNTING  OF  VOTE. 


Chap.  9 


Register  of  ar- 
rival and  de- 
parture of 
guests. 


Affidavit. 


ner  and  carried  into  effect  by  said  election  .judges  upon  the 
evening  of  the  day  before  said  election  takes  place,  unless 
changed,  as  hereinafter  directed.  As  to  all  persons  who 
have  been  personally  served,  and  as  to  all  persons  who  have 
entered  appearance  thereto,  said  order  shall  be  final ;  but  all 
persons  who  have  not  been  personally  served,  or  entered 
their  appearance,  shall  have  the  right  to  apply  to  said  judge 
at  any  time  before  four  o'clock  p.  m.  on  the  day  preceding 
the  election  to  have  said  order  set  aside,  and  if,  upon  the 
hearing  of  said  application,  the  said  judge  shall  not  be  of 
the  opinion  that  his  name  was  illegally  registered,  he  shall 
set  aside  said  order  and  shall  cause  notice  thereof  to  be 
served  upon  the  election  judges.  The  fees  of  the  sheriff, 
clerk  or  coroner  shall  be  the  same  as  are  allowed  in  civil 
cases.  The  costs  of  such  proceeding  shall  be  paid  by  the 
electors  making  the  application  in  the  event  a  final  order 
is  not  made  granting  the  application.     (102  v.  187.) 

Section  5090-3.  Every  landlord,  proprietor,  lessee  or 
keeper  of  a  lodging  house,  inn  or  hotel  in  cities  having  an- 
nual registration  shall  keep  a  register  in  which  shall  be  en- 
tered the  name,  residence,  the  date  of  arrival  and  departure 
of  his  guests,  and  the  room  or  bed  occupied  by  them.  This 
register  shall  be  so  arranged  that  there  shall  be  a  space  on 
the  same  line  in  which  such  guest  shall  sign  his  name. 

Every  such  landlord,  proprietor,  lessee,  owner,  or  per- 
son in  charge  of  a  lodging  house,  inn  or  hotel,  shall  annually 
on  a  blank  form  to  be  prepared  and  furnished  by  the  sec- 
retary of  state,  on  the  Monday  prior  to  the  first  registration 
day  in  such  cities,  make  to  the  board  of  deputy  state 
supervisors  and  inspectors  of  elections  a  sworn  report  show- 
ing the  location  by  ward  and  precinct  and  by  street  and 
number  of  the  premises  so  used,  the  names  of  the  lodgers 
therein,  the  names  of  all  employes  and  all  other  persons  liv- 
ing therein,  including  the  landlord,  proprietor,  lessee,  owner 
or  person  in  charge  and  members  of  his  family  who  claim  a 
voting  residence  at  or  in  such  lodging  house,  inn  or  hotel, 
together  with  the  length  of  time  they  have  been  regularly 
lodging  or  living  therein,  the  beginning  of  such  residence, 
color,  age,  height,  weight,  color  of  hair,  complexion,  or  any 
distinguishing  marks  of  face  or  body  whereby  such  persons 
may  be  identified,  place  of  their  nativity,  occupation  and 
place  of  business,  of  such  persons  and  the  room  occupied 
by  each  said  person,  and  whether  such  person  are  guests, 
landlord,  proprietor,  lessee,  owner  or  person  in  charge,  and 
the  signature  of  each  said  person.  Above  the  space  reserved 
for  the  signature  of  each  said  person  shall  be  printed  the 
following  words:  *'The  foregoing  statements  are  true.'* 
In  the  form  of  affidavit  which  shall  be  sworn  to  by  the  land- 
lord, proprietor,  lessee,  owner  or  person  in  charge  of  such 
lodging  house,  inn  or  hotel,  shall  be  included  the  statement 
that  the  signature  of  the  guests  or  lodgers  certified  to  in 
said  report  were  written  in  the  presence  of  such  landlord, 
proprietor,  lessee,  owner  or  person  in  charge,  and  that  he 
personally  knows  them  to  be  the  persons  therein  described. 


Chap.  9 


CASTING  AND  COUNTING  OP  VOTE. 


143 


To  the  end  that  the  sworn  report  herein  required  shall  truly 
set  forth  the  facts  therein  stated  it  shall  be  the  duty  of  the 
said  landlord,  proprietor,  lessee,  owner  or  person  in  charge 
to  question  each  male  person  lodging  or  living  in  such  lodg- 
ing house,  inn  or  hotel  as  to  his  intention  of  claiming  such 
place  as  a  voting  residence  and  such  person  shall  thereupon 
declare  his  intention  in  respect  thereto,  and  if  he  claims 
such  place  as  his  voting  residence  he  shall  give  to  such 
landlord,  proprietor,  lessee,  owner  or  person  in  charge  such 
facts  regarding  himself  as  are  required,  to  be  incorporated 
in  the  sworn  report  herein  provided  for. 

Any  such  landlord,  proprietor,  lessee,  owner,  or  person 
in  charge,  or  any  lodger  who  shall  violate  any  provision  of 
this  section  shall  be  fined  in  any  sum  not  more  than  five 
hundred  dollars  nor  less  than  fifty  dollars.     (102  v.  188.) 

Section  5090-4.  Any  two  members  of  the  board  of 
deputy  state  supervisors  and  inspectors  of  elections  in  such 
cities  shall  have  the  right  throughout  the  year  whenever 
deemed  necessary  by  them,  to  require  the  ovmer,  lessee,  or 
person  in  charge  of  any  hotel,  inn,  lodging  house  or  dwell- 
ing to  make  to  said  board  within  ten  days  after  notification, 
a  sworn  report  upon  a  blank  to  be  prepared  and  furnished 
by  such  board,  which  said  report  shall  contain  a  list  giving 
the  names  of  every  male  person  of  twenty-one  years  and 
upwards  who  resides  in  said  hotel,  inn,  lodging  house,  or 
dwelling,  together  with  the  period  they  have  resided  therein, 
and  such  other  information  as  shall  be  deemed  necessary 
by  said  members  and  said  members  shall  have  the  power 
whenever  deemed  necessary  by  them,  to  require  said  owner, 
lessee  or  person  in  charge  in  addition  to  notify  said  board 
whenever  any  of  such  male  persons  shall  within  nineteen 
days  before  election  leave  said  hotel,  inn,  lodging  house  or 
dwelling. 

Any  owner,  lessee  or  person  in  charge  of  such  hotel, 
inn,  lodging  house  or  dwelling  in  such  cities  who  neglects 
to  furnish  said  list  when  so  demanded  and  within  ten  days 
after  notification,  shall  be  fined  not  to  exceed  five  hundred 
dollars. 

Any  owner,  lessee  or  person  in  charge  of  such  hotel, 
inn,  lodging  house  or  dwelling  who  shall  furnish  said  board 
a  list  which  states  that  a  male  person  has  resided  in  said 
premises  a  longer  time  than  he  has  actually  resided  therein, 
or  puts  upon  said  list  a  name  under  which  no  person  has 
resided  any  length  of  time  in  said  premises,  shall  be  fined 
not  less  than  two  hundred  and  fifty  dollars  nor  more  than 
one  thousand  dollars.    (102  v.  189.) 

Section  5091.  From  the  time  the  ballot  box  is  opened 
and  the  count  of  votes  begun,  until  the  votes  are  counted 
and  the  returns  are  made  out,  signed  and  certified,  as  herein 
required,  and  delivered  to  the  judges  selected  for  such  duty 
for  transmission,  as  required  in  the  next  chapter,  the  judges 
and  clerks  of  elections  in  each  precinct  shall  not  separate, 
nor  shall  a  judge  or  clerk  leave  t^e  polling  place  except 
from  unavoidable  necessity.    For  a  violation  of  this  section, 


Penal^. 


Power  of  board 
to  require  report 
at  any  time. 


Penalty  for  neg- 
lect to  furnish 
llsl. 


Period  during 
which   judges 
and  clerks  shall 
not  separate  or 
leave  polling 
place. 


144 


CASTING  AND  COUNTING  OP  VOTE.  Chap.   9 


Election  officer 
cannot  be  can- 
didate except 
for  committee- 
man or  delegate. 


a  judge  or  clerk  shall  forfeit  and  pay  not  less  than  fifty 
dollars  nor  more  than  one  hundred  dollars.  (97  v.  236 
§25.) 

Section  5092.  No  person,  being  a  candidate  for  an 
office  to  be  filled  at  an  election,  other  than  for  committee- 
man or  delegate  or  alternate  to  any  convention,  shall  serve 
as  deputy  state  supervisor  or  clerk  thereof,  or  as  a  judge 
or  clerk  of  elections,  in  any  precinct,  at  such  election.  A 
person  serving  as  deputy  state  supervisor  or  clerk  thereof, 
judge  or  clerk  of  elections  contrary  to  this  section  shall  be 
ineligible  to  any  office  to  which  he  may  be  elected  at  such 
election.    (103  v.  496.) 


Note  : — ^A  deputy  state  supervisor  may  not  be  a  candidate  for  member  of 
the  board  of  education.    Atty.  Gen.  8-17-09. 

While  a  judge  or  clerk  of  elections  can  not  be  a  candidate,  where  such  a 
person  has  received  a  sufficient  number  of  votes  by  electors  writing  his  name  on 
the  ballot  for  a  particular  office,  and  such  votes  are  in  conformity  to  law  in  all 
other  respects,  such  person  shoul''  be  declared  elected  to  that  office. 


CHAPTER  10. 
RETURNS  AND  ABSTRACTS. 


Section 

5093.  Making  and  transmission  of  returns. 

5094.  Opening  returns;  abstracts  to  be  made. 

5095.  Making  and  transmission  of  abstracts. 

5096.  Secretary  of  state  shall  canvass  returns 

for  presidential  electors ;  certificate  of 
election. 

5097.  Canvass  of  returns  of  abstract  number 

two. 

5098.  When   other   returns   may   be   used   in 

canvass. 

5099.  When   president   of   senate   shall   open 

abstract. 

5100.  Who  shall  canvass  vote  if  general  as- 

sembly is  not  in  session. 

5101.  Tie  vote   for  congressman   decided  by 

lot;  certificates  of  election. 

5102.  When  abstracts  to  be  canvassed. 
6103.        Returns  of  special  election  of  member 

of  congress. 

5104.  Votes  to  be  canvassed  by  secretary  of 

state. 

5105.  Abstracts  and  certificates  in  judicial  or 

senatorial  districts. 

5106.  Special  elections  of  senators  or  repre- 

sentatives to  the  general  assembly. 

5107.  Abstracts  in  districts  containing  two  or 

more  counties. 

5108.  Tie  votes  for  county  oflflcers  and  mem- 

bers of  the  general  assembly. 

5109.  Certificates   of   election  of  county   of- 


Sbction 

5110. 
5111. 


5112. 
5113. 
5114. 
5115. 

5116. 

5117. 

5118. 

5119. 

5120. 
5121. 

5122. 

5123. 

5123-1. 

5123-2. 


fleers  and  members  of  the  general 
assembly. 

Provisions  relating  to  poll  books,  ab- 
stracts  and  returns. 

Returns  of  November  elections  in  odd 
numbered  years. 

Canvass  of  vote  for  township  officers. 

Tie  vote  for  township  officers. 

Abstract  of  vote  for  municipal  officers. 

How  returns  made  and  canvassed  in 
registration  cities. 

Tie  vote  in  election  for  municipal  of- 
ficers. 

Returns  and  certificates  for  election  of 
judges  of  superior  court. 

Result  of  election  of  justices  of  the 
peace ;  how  certified. 

Returns  and  canvass  of  vote  for  as- 
sessors of  real  property. 

Canvass  of  vote  in  school  elections. 

How     result     determined     In     certain 


Number  of  votes  necessary  when  stat- 
ute is  silent. 

Want  of  form  shall  not  Invalidate  poll 
books. 

Return  of  votes  cast  for  and  against 
proposed    constitutional    amendments. 

Returns  certified  to  state  supervisor  of 
elections  within  ten  days ;  opening 
and  canvassing  returns. 


of  returns. 


Section  5093.  The  judges  and  clerks  in  each  precinct  JfJ^m^gJfon 
shall  make  out  the  returns  of  the  election  in  duplicate,  sign  of  returns. 
and  certify  one  of  the  poll  books  and  tally  sheets  thereof, 
and  immediately  transmit  it  to  the  deputy  state  supervisors 
by  the  presiding  judge  or  such  other  judge  as  he  may  desig- 
nate. The  other  poll  book  and  tally  ^eets  signed  and  certi- 
fied in  like  manner  shall  be  forthwith  deposited  with  the 
clerk  of  the  township  or  the  clerk  or  auditor  of  the  mu- 
nicipal corporation,  as  the  case  may  require,  by  another 
judge  designated  by  the  presiding  judge,  and  shall  be  pre- 
served one  year  from  the  date  of  such  election.  Such  Preservation 
returns  shall  be  securely  sealed  in  an  envelope  and  ad- 
dressed transversely  upon  the  upper^end  thereof  to  the 
proper  officer  with  whom  they  are  to  be  deposited,  with  the 
designation  of  the  township,  precinct  and  county.  In  reg- 
istration cities,  such  delivery  shall  be  made  as  provided  in 
the  chapter  relating  to  registration.     (97  v.  236  §  25.) 

Section  5094.     Within  five  days  after  the  election,  or  opening  re- 
sooner  in  case  the  returns  are  made,  the  board  of  deputy  ^^^^^^^  {J-^e 
state  supervisors  of  the  county  shall  open  the  several  re-  made, 
turns  made  to  it  and  make  abstracts  of  the  votes  in  the 
following  manner : 

1.  Upon  a  single  sheet  an  abstract  of  votes  for  gov- 
ernor, lieutenant  governor,  secretary  of  state,  auditor  of 
state,  treasurer  of  state  and  attorney  general. 

2.  Upon  another  sheet  an  abstract  of  votes  for  gov- 

(146) 


146  RETURNS  AND  ABSTRACTS.  Chap.    10 

ernor,  lieutenant  governor,  secretary  of  state,  auditor  of 

state,  treasurer  of  state,  attorney  general,  chief  justice  of 
the  supreme  court,  judge  of  the  supreme  court.  United 
States  senator  and  for  representatives  to  congress. 

3.  Upon  another  sheet  an  abstract  of  votes  for  gov- 
ernor, lieutenant  governor,  secretary  of  state,  auditor  of 
state,  treasurer  of  state,  attorney  general,  chief  justice  of 
the  supreme  court,  judge  of  the  supreme  court,  judge  of 
the  court  of  appeals,  judge  of  the  common  pleas  court, 
United  States  senator,  representatives  to  congress,  senators 
and  representatives  to  the  general  assembly,  judge  of  the 
probate  court,  clerk  of  the  common  pleas  court,  sheriff, 
county  auditor,  county  commissioner,  county  treasurer, 
county  recorder,  county  surveyor,  prosecuting  attorney  and 
coroner. 

4.  And  upon  another  sheet  an  abstract  of  votes  for 
each  elector  of  president  and  vice  president  of  the  United 
States.    (104  V.  11.) 

Note  : — As  to  powers  of  an  election  board  after  canvass  has  been  completed, 
see  State  ex  rel.  v.  Donnewirth,  21  0.  S.  216, 

Under  the  thirty-fourth  section  of  the  election  law  (S.  and  C.  536)  where 
the  poll-books  upon  their  face  are  substantially  correct,  the  justices  and  clerk, 
in  making  an  abstract  of  votes,  are  not  authorized  to  reject  such  poll-books  on 
account  of  fraud  in  the  election. 

Phelps  V.  Schroeder,  26  0.  S.  549. 

In  an  action  to  enjoin  the  clerk  of  the  court  of  common  pleas  of  Wood 
county  from  recording  the  abstract  of  the  vote  in  said  county  upon  the  question 
of  the  removal  of  the  county  seat,  held  that  allegations  of  fraud  and  illegality 
in  conducting  the  election,  constitute  no  sufficient  ground  for  such  injunction. 
Wrongs  of  such  a  nature  can  be  inquired  into  and  redressed,  only  by  means  of 
a  contest  of  the  election,  pursuant  to  the  provisions  of  the  act  of  April  15,  1857. 
Peck  V.  Weddell,  17  0.  S.  271. 

.^n  action  in  mandamus  to  compel  the  board  to  make,  certify,  and  transmit  to 
the  proper  officers  as  required  by  law,  the  several  abstracts  of  the  votes  shown 
by  the  tally  sheets  returned  from  the  various  election  precincts  of  the  county, 
may  be  instituted  on  the  relation  of  any  elector  of  the  county. 
State  Ex  rel.  v.  Tanzey  et  til.,  49  0.  S.  656. 

Making  and  SECTION  5095.     The  board  of  deputy  state  supervisors 

ofTiStwcto.  ^^^^^^  ^^^ke  and  certify  duplicate  copies  of  abstract  number 
one,  and  inclose  and  seal  them  and  endorse  on  the  envelope 
Certificate  of  the  votes  for  governor,  lieutenant  governor, 
secretary  of  state,  auditor  of  state,  treasurer  of  state  and 
attorney  general",  either  or  all  as  the  case  may  be,  and  the 
name  of  the  county  in  which  the  votes  were  given,  and  shall 
direct  and  forward  one  copy  thereof  by  mail  to  the  presi- 
dent of  the  senate  at  Columbus,  and  deliver  the  other  copy 
to  a  member  of  the  general  assembly  who  shall  deliver  it 
to  the  president  of  the  senate  at  Columbus. 

The  board  also  shall  forthwith  make,  certify,  seal  and 
so  endorse  copies  of  abstracts  numbers  two  and  three  and 
transmit  them  by  mail  to  the  secretary  of  state  at  Columbus. 
The  board  shall  make  and  certify  duplicate  copies  of 
abstract  number  four,  one  of  which  the  board  shall  inclose, 
seal,  and  endorse  on  the  envelope,  ''Certificate  of  votes  for 
electors  of  president  and  vice  president  of  the  United 
States",  adding  the  name  of  the  county,  and  shall  mail  it 
to  the  secretary  of  state  at  Columbus.  The  other  copy  shall 
be  filed  in  the  office  of  the  board.     (R.  S.  Sec.  2983.) 


Chap.  10 


RETURNS  AND  ABSTRACTS. 


147 


Section  5096.  When  the  returns  of  an  election  of 
electors  of  president  and  vice  president  of  the  United  States 
are  received  from  all  the  counties,  the  secretary  of  state,  in 
tlie  presence  of  the  governor,  auditor  of  state,  and  such 
other  state  officers  as  choose  to  attend,  shall  open  the 
returns  of  abstract  number  four,  and,  as  they  are  opened, 
cause  them  to  be  read  aloud,  and  shall  make  an  abstract, 
showing  the  number  of  votes  given  for  each  person  for  such 
office.  If  two  or  more  such  persons  receive  an  ec^ual  num- 
ber of  votes,  the  secretary  of  state,  in  the  presence  of  such 
state  officers,  shall  determine  by  lot  which  of  such  persons 
is  duly  elected.  The  governor  shall  make  and  transmit  by 
mail  to  the  persons  having  the  highest  number  of  votes,  or 
whose  election  was  so  determined  by  lot,  certificates  of  their 
election  to  the  office  of  elector  of  president  and  vice  presi- 
dent of  Mie  United  States,  and  shall  cause  notice  of  their 
election  to  be  published  in  three  newspapers,  published  at 
Columbus,  two  of  which  shall  be  of  opposite  politics.  (R. 
S.  Sec.  2970.) 


Secretary  of 
state  shall  can- 
vass returns 
for  presidential 
electors ;  cer- 
tificate of 
election. 


The  duties  of  the  secretary  of  state  in  canvassing  election  returns  and  In 
declaring  the  result  of  the  election  are  fixed  by  statute  and  are  purely  minis- 
terial.   State,  ex  rel.,  v.  Graves.  91  0.  S.  113. 


ber  two. 


Section  5097.  Within  ten  days  after  the  first  day  of  [Jfrn?"  °aV 
December  next  after  such  election,  the  governor  and  secre-  stract  num- 
tary  of  state,  in  the  office  of  the  secretary  of  state,  in  the 
presence  of  the  auditor  of  state  and  attorney  general,  shall 
open  the  returns  of  abstract  number  two,  made  to  the  sec- 
retary of  state  for  judge  of  the  supreme  court,  for  United 
State  senator  and  representatives  to  congress  from  each  con- 
gressional district.  If  it  appears  that  returns  have  been  re- 
ceived from  all  the  counties  in  accordance  with  the  pro- 
visions of  this  chapter,  the  governor  and  secretary  of  state 
forthwith  shall  proceed  to  ascertain  the  number  of  votes 
given  for  the  different  persons  for  such  offices.     (104  v.  11.) 


Note  : — ^Where  the  governor  and  secretary  of  state,  under  Section  2986  of 
the  Revised  Statutes,  in  canvassing  the  returns  of  votes  from  a  congressional 
district,  aggregate  the  votes  returned  from  one  county  for  H.  L.  Morey,  with 
the  votes  returned  from  the  other  counties  for  Henry  L.  Morey,  treating 
the  names  as  designating  the  same  person,  the  mandamus  will  not  be  awarded, 
requiring  the  votes  thus  aggregated  to  be  counted  as  given  for  different  persons 
In  the  absence  of  an  averment  that  the  votes  were  intended  for  different  persons. 
State  ex  rel.  v.  Foster,  38  0.  S.   599. 


Section  5098.  If  such  returns  have  not  been  received 
from  all  the  counties,  and  returns  of  abstract  number  three 
have  been  received  by  the  secretary  of  state  from  the  delin- 
quent counties,  as  herein  provided,  the  governor  and  secre- 
tary of  state  shall  be  governed,  so  far  as  relates  to  such 
delinquent  counties,  by  the  last  mentioned  abstract.  The 
persons  having  the  highest  number  of  votes  for  the  re- 
spective offices  named  in  the  preceding  section  shall  be  con- 
sidered duly  elected.  The  secretary  of  state  may  open  the 
returns  of  abstract  number  three  a*s  they  are  severally  re- 
ceived by  him.     (R.  S.  Sec.  2987.) 


When  other 
returns  may 
be  used  in 
canvass. 


148 


RETURNS  AND  ABSTRACTS. 


Chap.  10 


Who  shall  can- 
vass vote  if  gen- 
eral assembly 
is  not  in  session. 


d^^rof  senate  SECTION  5099.     During  the  first  week  of  the  session  of 

sSii°open  the  general  assembly,  the  president  of  the  senate  shall  open 

abstract.  ^^^^  publish  the  abstracts  of  votes  by  him  received,  in  con- 

formity to  the  third  section  of  the  third  article  of  the  con- 
stitution of  the  state.  If  the  abstract  from  any  county  has 
not  been  received  by  him,  recourse  shall  be  had  to  ab- 
stracts number  two  or  three  in  the  office  of  the  secretary  of 
state.     (R.  S.  Sec.  2984.) 

Section  5100.  If  the  general  assembly  is  not  in  ses- 
sion previous  to  the  second  Monday  in  January  next  after 
an  election  for  any  or  all  of  the  executive  officers  of  the 
state,  the  governor  and  secretary  of  state,  within  five  days 
after  the  first  Monday  in  January  after  such  election,  shall, 
in  the  office  of  the  secretary  of  state,  in  the  presence  of  at 
least  two  of  the  judges  of  the  supreme  court,  open  the  re- 
turns of  abstract  number  two  made  to  the  secretary  of  state 
for  such  offices.  If  such  returns  have  not  been  received 
from  all  the  counties,  recourse  shall  be  had  for  such  delin- 
quent counties  to  the  returns  of  the  abstract  number  three. 
They  shall  forthwith  proceed  to  ascertain  the  number  of 
votes  given  for  the  different  persons  for  the  several  offices 
of  governor,  lieutenant  governor,  secretary  of  state,  auditor 
of  state,  treasurer  of  state  and  attorney  general,  as  the  case 
may  be.  The  person  having  the  highest  number  of  votes 
for  each  of  such  offices  shall  be  considered  duly  elected  and 
shall  be  so  declared  by  the  governor.  If  it  appears  from 
the  returns  of  such  abstracts  that  two  or  more  persons  have 
the  highest  and  an  equal  number  of  votes  for  any  of  such 
offices,  the  governor  shall  communicate  such  fact  to  the  gen- 
eral assembly  by  message  at  its  first  session  thereafter.  (R. 
S.  Sec.  2985.) 

Section  5101.  If  it  appears  from  the  returns  of 
abstracts  that  two  or  more  persons  in  any  congressional  dis- 
trict have  the  highest  and  an  equal  number  of  votes  for  rep- 
resentative to  congress,  the  governor  and  secretary  of  state 
shall  decide  by  lot  which  of  such  persons  is  duly  elected. 
The  governor  shall  transmit  to  each  person  so  elected  a  cer- 
tificate of  his  election,  which  shall  be  signed  by  the  gov- 
ernor, sealed  with  the  great  seal  of  the  state  and  counter- 
signed by  the  secretary  of  state.     (R.  S.  Sec.  2991.) 

rbe^ca^nvSd"  SECTION  5102.     If  the  rcturus  of  abstracts  from  aU 

the  counties  composing  a  congressional  district  are  not 
made  within  the  time  required  by  law,  and  if  any  of  them 
are  made  after  the  certificate  of  election  has  been  for- 
warded to  the  person  who,  according  to  the  abstracts  re- 
ceived, has  the  highest  number  of  votes,  the  secretary  of 
state,  in  the  presence  of  the  governor,  or,  if  he  is  absent, 
in  the  presence  of  the  auditor  of  state  and  treasurer  of 
state,  when  such  abstracts  shall  have  been  received,  shall 
open  them,  and  the  governor  shall  certify  such  returns  to 
the  speaker  of  the  house  of  representatives  of  the  United 
States.     (R.  S.  Sec.  2992.) 


Tie  vote  for 
congressman 
decided  by  lot. 


Certificates  of 
election. 


Chap.    10                     RETURNS  AND  ABSTRACTS.  149 

Section  5103.  In  an  election  for  member  of  congress  Bet"rM  of  ape- 
to  fill  a  vacancy,  the  board  of  deputy  state  supervisors  member  0?°  °  \ 
of  each  county  embraced  in  the  district  in  which  the  elec-  ^°°'^^^*"-  ^ 
tion  is  held,  within  six  days  after  the  election,  shall  make  ; 
and  certify  an  abstract  in  duplicate  of  the  votes  cast  at  j 
such  election  in  their  county.  Such  board  shall  file  one  j 
copy  of  the  abstract  in  its  office  and  enclose  the  other  in  : 
an  envelope  so  endorsed  as  to  show  distinctly  that  it  is  ; 
an  abstract  of  votes,  for  what  office  and  from  what  county,  j 
and  transmit  it  without  delay  to  the  secretary  of  state.  ] 
If  the  secretary  of  state  fails  to  receive  the  abstract  from  1 
any  county  within  twelve  days  after  such  election,  he  shall  i 
forthwith  notify  the  deputy  state  supervisors  thereof,  and  ] 
they  shall,  on  receipt  of  the  notice,  forthwith  make  and  ^ 
transmit  to  the  secretary  of  state  a  certified  copy  of  the  i 
duplicate  on  file  in  their  office.     (R.  S.  Sec.  2989.)  j 

Section  5104.     On    the    twenty-first    day    after   the  votes  to  be  can-     i 

holding  of  such  special  election,  or  sooner,  if  all  the  returns  r5S5y  otttSt.      ] 

have  been  received,  the  secretary  of  state,  in  the  presence  i 

of  the  governor,  or,  in  his  absence,  in  the  presence  of  the  -j 

auditor  of  state  and  treasurer  of  state,  who  on  notice  i 

given  by  the  secretary  are  required  to  attend  forthwith  1 

at  the  office  of  the  secretary  of  state,  shall  open  the  ab-  '^ 
stracts  and  canvass  the  votes.       The  person  having  the 
greatest  number  of  votes  shall  be  declared  duly  elected,  and 

the  governor  shall  forthwith  transmit  to  him  by  mail  a  ! 

certificate  of  his  election.    (R.  S.  Sec.  2990.)  i 

Section  5105.  When  two  or  more  counties  are  joined  '^rtifl^^tea'ta*  ' 
in  a  judicial  or  senatorial  district,  the  board  of  deputy  state  judiciaf  or  sen-  i 
supervisors  of  each  county  of  such  district  having  a  popu-  **°^^*^  districts.  | 
lation  not  the  largest,  shall  make,  and,  within  eight  days  '. 
after  the  day  of  election,  transmit  by  mail  to  the  board  of  ■ 
deputy  state  supervisors  of  the  county  in  the  district  hav-  ' 
ing  the  largest  population,  an  abstract  showing  the  number 
of  votes  given  in  each  election  precinct  in  such  county,  for  J 
each  person  who  receives  votes  for  an  office  to  be  filled  by  , 
the  district.  Such  abstract  shall  be  attested  by  the  board 
and  enclosed  in  an  envelope  so  endorsed  as  to  show  dis-  < 
tinctly  that  it  is  an  abstract  of  votes,  for  what  offices  and  * 
from  what  county.  It  shall  be  opened  and  canvassed  as  ^ 
herein  provided  for  state  offices,  by  the  board  of  deputy  ■ 
state  supervisors  to  whom  transmitted,  who  shall  incor- 
porate such  vote  in  an  abstract  with  the  returns  from  the  ; 
precincts  of  their  county  for  such  offices.  Such  board  shall  ; 
make  and  transmit  to  the  persons  elected  certificates  of  i 
their  election.     (103  v.  422.)                                          ^  :. 

Section  5106.     When  a  senator  or  representative  to  special  eiec-        j 

the  general  assembly  or  other  district  officer  is  to  be  elected  iVTep?LJJtJ-^"*    ; 

at  a  special  election,  the  judges  of  such  election  shall  make  tiyes  to  the  gen-     •: 

return  of  the  poll  books  thereof  to  the  board  of  deputy  '™^  >«^»>iy-       ] 

state  supervisors  of  their  respective  counties.    On  the  sixth  \ 

day,  or  sooner,  in  case  the  returns  are  all  made,  the  board  * 

shall  open  the  returns  and  make  an  abstract  of  the  votes  ' 


150 


RETURNS  AND  ABSTRACTS. 


Chap.  10 


Abstracts  In  dis- 
tricts contain- 
ing two  or  more 
counties. 


Tie  votes  for 
county  officers 
and  members 
of  the  general 
assembly. 


Certificates  of 
election  of 
county  officers 
and  members 
of  the  general 
assembly. 


cast  for  such  officers  and  make  and  deliver  to  the  person  or 
persons  elected  certificates  of  election.     (90  v.  281  §  1.) 

Section  5107.  If  an  officer  named  in  the  preceding 
section  is  to  be  elected  from  a  district  containing  two  or 
more  counties,  the  board  of  deputy  state  supervisors  of 
the  county  or  counties  comprising  such  district,  except  the 
board  of  the  county  in  such  district  having  the  largest 
population,  shall,  within  eight  days  after  such  election, 
transmit  by  mail  to  the  board  of  deputy  state  supervisors  of 
the  county  in  such  district  having  the  largest  population, 
an  abstract  showing  the  number  of  votes  given  in  each  pre- 
cinct in  the  respective  counties  for  each  person  who  received 
votes  for  any  office  to  be  filled  by  such  district.  Such 
abstract  shall  be  attested  by  the  chief  deputy  state  super- 
visor and  clerk  of  the  board,  and  inclosed  in  an  envelope 
so  endorsed  as  to  show  distinctly  that  it  is  an  abstract  of 
votes,  for  what  office  or  offices  and  from  what  county  it 
was  transmitted.  Such  abstract  shall  be  canvassed  by  the 
deputy  state  supervisors  to  whom  transmitted,  who  shall 
incorporate  the  vote  in  an  abstract  with  returns  from  the 
precincts  of  their  county  for  such  office  or  offices,  and  make 
and  transmit  to  the  person  or  persons  elected  certificates 
of  their  election.     (90  v.  281  §  1.) 

Section  5108.  In  an  election  for  county  officers,  if 
any  number  of  persons  greater  than  the  number  of  offices 
directed  to  be  filled  at  such  election,  have  the  highest  and 
an  equal  number  of  votes,  the  board  of  deputy  state  super- 
visors of  the  county  shall  determine  by  lot  which  of  the 
persons  shall  be  duly  elected.  If  at  an  election  for  sena- 
tors or  representatives  to  the  general  assembly,  there  is  no 
choice  on  account  of  two  or  more  having  received  the 
highest  and  an  equal  number  of  votes,  the  board  required 
to  issue  certificates  of  election  therefor  shall  publicly  deter- 
mine by  lot  who  of  those  having  such  equal  number  of 
votes  shall  be  elected.  Such  decision  by  lot  shall  be  made 
in  the  office  of  such  board  at  ten  o'clock  forenoon  on  the 
eighth  day  after  the  election.  In  such  case,  the  deputy 
state  supervisors  shall  not  be  required  to  forward  the  re- 
turns of  the  election  until  such  decision  by  lot  has  been 
made.     (E.  S.  Sec.  2993.) 

Section  5109.  When  it  has  ascertained  and  declared 
the  result  of  an  election  for  county  officers,  the  board  of 
deputy  state  supervisors,  without  fee,  shall  make  and,  upon 
demand,  deliver  to  the  persons  elected  respectively  to  the 
offices  of  probate  judge,  clerk  of  the  court  of  common  pleas, 
sheriff,  coroner,  auditor,  commissioner,  treasurer,  recorder, 
surveyor,  prosecuting  attorney,  infirmary  director,  and  sen- 
ator and  representative  to  the  general  assembly,  certificates 
of  their  election.  Upon  being  paid  one  dollar  therefor  the 
board  shall  also  make  for  any  elector  of  the  county  an 


Chap.  10 


RETURNS  AND  ABSTRACTS. 


161 


abstract  of  votes  cast  at  an  election  to  fill  any  of  such  oflfices. 
(R.  S.  Sec.  2995.) 


Note  :~In  certifying  the  election  of  an  officer  the  power  of  the  deputy  state 
supervisors  of  elections  is  limited  to  certifying  that  the  successful  candidate  has 
been  elected  and  they  have  no  power  to  decide  upon  a  disputed  term  of  office. 
State  ex  rel.   Pardee   v.   Pattison,   Governor  et  al.,   73  0.    S.   305. 


Section  5110.  The  board  of  deputy  state  supervisors 
shall  not  receive  any  paper  as  a  poll  book  of  any  precinct, 
unless  it  is  delivered  by  one  of  the  judges  of  election  held 
in  such  precinct.  In  making  the  abstracts  of  votes,  the 
board  shall  not  decide  on  the  validity  of  the  returns,  but 
it  shall  be  governed  by  the  number  of  votes  stated  in  the 
returns.    (R.  S.  Sec.  2982.) 

Section  5111.  In  November  elections  held  in  odd 
numbered  years  for  township  officers,  justices  of  the  peace, 
municipal  officers  and  members  of  boards  of  education, 
the  judges  and  clerks  of  elections  in  each  precinct  shall 
make  and  certify  the  returns  to  the  clerk  of  the  township 
or  the  clerk  or  auditor  of  the  municipality  in  or  for  which 
the  election  is  held  or  the  clerk  of  the  board  of  education 
of  the  school  district,  respectively,  instead  of  to  the  board 
of  deputy  state  supervisors  of  the  county.  This  provision 
shall  not  apply  to  the  returns  of  elections  for  assessors  of 
real  property.     (97  v.  223  §  8.) 

Section  5112.  The  returns  of  township  elections  shall 
be  made  by  the  judges  and  clerks  in  the  several  precincts 
to  the  proper  township  clerk  within  one  day  after  the  elec- 
tion. Such  clerk  shall  canvass  the  vote,  declare  the  result 
and  issue  and  deliver  certificates  to  the  officers  so  elected. 
(R.  S.  Sec.  2996.) 

Section  5113.  If  two  or  more  persons  have  the  high- 
est and  an  equal  number  of  votes  for  any  one  of  the  town- 
ship offixjes  directed  to  be  filled,  the  clerk  of  the  township 
shall  determine  by  lot  which  of  such  persons  is  duly  elected. 
(R.  S.  Sec.  1448.) 

Section  5114.  The  returns  of  municipal  elections 
shall  be  made  by  the  judges  and  clerks  in  each  precinct  to 
the  clerk  or  auditor  of  the  municipality.  Such  clerk  or 
auditor,  or,  in  his  absence  or  disability,  a  person  selected 
by  the  council,  shall  call  to  his  assistance  the  mayor,  and, 
in  his  presence,  make  an  abstract  and  ascertain  the  candi- 
dates elected,  as  herein  required  with  respect  to  county 
officers.  Such  clerk  or  auditor  shall  make  a  certificate  as 
to  each  candidate  so  elected,  and  cause  it  to  be  delivered 
to  him.  If  there  is  no  mayor,  or  he  is  absent,  disabled  or 
a  candidate  at  such  election,  the  clerk  or  auditor  shall  call 
to  his  assistance  a  justice  of  the  peace  of  the  county.  (R. 
S.  Sees,  1728,  1729;  97  V.  223  §8.) 

Note  :— The  village  clerk  in  canvassing  the  returns  of  a  village  election  hag 
no  authority  to  go  back  of  the  returns  made  by  the  judges  and  clerks  of  election 
The  proper  course  Is  to  Issue  certificates  to  the  persons  shown  by  the  face  of 
such  returns  to  have  received  a  majority  of  the  votes  cast  for  the  several  officers 

°*™The  returns  of  the  first  election  for  village  officers  should  be  made  to  the 
township  clerk,  whose  duty  it  is  to  canvass  the  returns  and  Issue  certiflcatea  or 


Provisions  re- 
lating to  poll 
books,  abstracts 
and  returns. 


Returns  of 
November  elec- 
tions in  odd 
numbered  years. 


Canvass  of  vote 
for  township 
officers. 


Tie  vote  for 

township 

officers. 


Abstract  of 
vote  for  mu- 
nicipal officers. 


152 


RETURNS  AND  ABSTRACTS. 


Chap.  10 


How  returns 
made  and  can- 
vassed in  regis- 
tration cities. 


election  to  the  officers  of  the  newly  constituted  village.     Thereafter  all  returns 
of  municipal  elections  will  be  made  to  the  clerk  of  the  village. 

Where  returns  of  a  municipal  election  have  been  erroneously  certified  to  the 
board  of  deputy  supervisors,  the  state  supervisor  may  order  the  clerk  of  such 
board  to  deliver  them  to  the  clerk  or  auditor  of  the  municipality.  Atty.  Gen. 
12-24-07. 

Section  5115.  In  registration  cities  the  returns  of 
the  election  of  municipal  officers,  members  of  boards  of 
education  or  justices  of  the  peace  shall  be  made  to  the 
board  of  deputy  state  supervisors  of  the  county  in  which 
such  city  is  located,  and  canvassed  by  a  board  of  canvassers, 
consisting  of  such  board  of  deputy  state  supervisors  and 
the  city  auditor.    (97  v.  223  §  8.) 


Tie  vote  in  elec- 
tion for  munic- 
ipal officers. 


Note  : — Neither  the  board  of  deputy  state  supervisors  and  inspectors  of 
elections  nor  municipal  board  of  canvassers  may  challenge  the  correctness  of 
tally-sheets  certified  to  them  by  officers  of  a  municipal  election.  Atty.  Gen. 
11-26-08. 

Section  5116.  If  the  result  of  an  election  for  munic- 
ipal officers  cannot  be  determined  from  the  votes  cast 
for  the  reason  that  more  than  the  number  of  persons  to 
be  elected  have  an  equal  number  of  votes  for  the  same  office, 
the  officers  whose  duty  it  is  to  ascertain  the  persons  elected, 
shall  determine  by  lot  which  of  such  persons  shall  be  de- 
clared elected.    (R.  S.  Sec.  1731.) 


Returns  of  elec- 
tion and  cer- 
tificates for 
judges  of  su- 
perior court. 


Result  of  elec- 
tion of  justice 
of  the  peace: 
how    certified. 


Returns  and 
canvass  of  rote 
for  assessors  of 
real  property. 


Note  : — The  determination  by  a  council  of  the  contested  election  of  a  mem- 
ber of  its  body,  cannot  be  reviewed  on  error. 

Stearns  v.  Village  of  Wyoming  et  al.,  53  0.  S.  352, 

The  jury  selected  to  try  a  contested  election  case  instituted  by  a  rival  can- 
didate against  one  who  has,  by  the  proper  authority,  been  declared  duly  elected 
to  the  office  of  mayor  at  a  regular  municipal  election,  is  authorized  to  decide, 
and  should  determine  which  of  the  candidates  was  elected,  or,  that  there  was 
no  valid  election  of  either,  as  the  fact  may  warrant;  a  flndinff  that  the  contestee 
did  not  receive  a  majority  of  all  the  legal  votes  cast  at  that  election,  and  a 
decision  that,  therefore,  he  was  not  elected  to  the  office,  i»  incomplete,  and  in- 
sufficient to  defeat  his  title  to  the  office. 

A  mayor  of  a  municipal  corporation  who  has  been  regularly  elected  to  the 
office,  is  entitled  to  serve  until  his  successor  is  qualified ;  and  while  he  continues 
to  so  serve  on  account  of  the  failure  to  elect  his  successor  there  is  no  vacancy 
in  the  office  nor  is  the  council  authorized  to  make  an  appointment  thereto. 
State  ex  rel.  v.  Wright,  56  O.  S.  540. 

Section  5117.  In  elections  for  judges  of  the  superior 
court  of  Cincinnati,  held  within  such  city,  the  poll  books 
shall  be  returned  and  abstracts  and  certificates  made,  as 
provided  for  municipal  elections.  Such  certificates  shall 
be  transmitted  by  the  officer  making  them  to  the  governor 
who  shall  issue  commissions  to  the  persons  elected.  (R.  S. 
Sec.  484.) 

Section  5118.  In  case  of  an  election  of  a  justice  of 
the  peace,  the  township  clerk  or  auditor  of  the  municipality, 
as  the  case  may  be,  shall  certify  the  result  of  such  election 
to  the  board  of  deputy  state  supervisors.     (97  v.  223  §  8.) 

Section  5119.  In  elections  of  assessors  of  real  prop- 
erty, the  judges  and  clerks  of  election  in  each  precinct 
shall  keep  a  separate  poll  book  for  such  election,  and  the 
returns  thereof,  duly  certified  as  in  other  cases,  shall  be 
made  to  the  board  of  deputy  state  supervisors  of  the  county, 
which  board  shall  open  the  returns,  canvass  the  vote  and 
declare  the  result,  and  within  ten  days  thereafter  give 
notice  to  each  of  the  persons  so  elected.    (100  v.  81  §  1.) 


Chap.    10  RETURNS  AND  ABSTRACTS.  163 

Section  5120.  In  school  elections,  the  returns  shall  ^\°^f*»  °' 
he  made  by  the  judges  and  clerks  of  each  precinct  to  the  I°ectio°n8.*'  ^ 
clerk  of  the  board  of  education  of  the  district,  not  less 
than  five  days  after  the  election.  Such  board  shall  can- 
vass such  returns  at  a  meeting  to  be  held  on  the  second 
Monday  after  the  election,  and  the  result  thereof  shall  be 
entered  upon  the  records  of  the  board.    (97  v.  354  §  1.) 

Section  5121.  In  the  canvass  of  the  vote  for  mem-  how  result  de- 
bers  of  the  board  of  education,  or  assessors  of  real  prop-  cwSSTwSee. 
erty,  the  person  having  the  highest  number  of  votes  shall 
be  declared  elected,  and  the  next  highest,  and  so  on,  until 
the  number  required  to  be  elected  shall  have  been  selected 
from  the  number  having  the  highest  number  of  votes.  If 
any  number  of  persons  greater  than  the  number  to  be 
elected  at  such  election  have  the  highest  and  an  equal  num- 
ber of  votes,  the  board  making  the  canvass  shall  determine 
by  lot  which  of  the  persons  shall  be  duly  elected.  (97  v. 
354  §  1 ;  98  V.  116  §  1 ;  100  v.  81  §  1.) 

Section  5122.  Where  it  is  provided  by  statute  that  SJi^^ga'r  °  whin" 
a  question  shall  be  submitted  to  the  qualified  voters  of  a  stat?t??8  silent 
county,  township,  city  or  village,  and  such  statute  is  silent 
as  to  the  number  of  votes  necessary  to  authorize  the  per- 
formance of  the  act  voted  upon,  such  statute  shall  mean 
that  a  majority  of  all  the  qualified  voters  voting  at  such 
election  must  vote  in  favor  thereof,  in  order  to  authorize 
such  act.     (90  v.  130  §  1.) 

Note  : — As  to  definition  of  term  "majority"  as  applied  to  special  election, 
state  ex  rel.  v.  Amlln,  13  O.  D.  334. 

As  to  the  method  of  counting  votes  upon  the  question  of  construction,  re- 
construction, enlargement  or  repair  of  bridges,  see  Walbrldge  v.  Jones,  22  C.  C. 
682. 

As  to  majority  of  votes  requisite  at  an  election,  and  otherwise  the  trustees 
of  a  township  to  levy  a  special  tax,  see  Enyart  et  al.  v.  Trustees,  25  0.  8.  618. 

Section  5123.     No  election  shall  be  set  aside  for  want  want  of  form 
of  form  in  the  poll  books,  provided  they  contain  the  sub-  date  poiVbooks' 
stance.     (R.  S.  Sec.  2962.) 

Section    5123-1 .     Amendments    to    the    constitution  Returns  of  votes 
wliich  have  been  or  may  hereafter  be  proposed  to  be  sub-  Jglinlrconstuu- 
mitted  to  the  electors,  may  be  submitted  at  any  regular  ^°°*J  amend- 
election  or  at  a  special  election,  as  prescribed  by  the  gen- 
eral assembly  in  the  resolution  proposing  such  amendment, 
and  the  judges  and  clerks  of  election  in  each  township,  ward 
and  precinct,  shall,  in  addition  to  the  returns  provided  by 
law  for  any  other  election  held  therein  on  the  same  day,  at 
the  same  time  make  return  to  the  deputy  state  supervisors 
of  elections  of  the  vote  cast  for  or  against  any  proposed 
amendments  to  the  constitution  of  Ohio  that  may  be  sub- 
mitted to  the  voters  of  the  state  for  adoption  or  rejection 
at  such  election.     (Pt.  I,  108,  693.)  ^^^^^^  ^^^,. 

Section  5123-2.     A  return  of  the  votes  cast  for  and  J«Jg*°,JJ;*«of 
against  any  such  proposed  amendment  or  amendments  shall  elections  within 
be  certified  and  made  by  the  deputy  state  supervisors  of  J^J  and'«n^^°" 
elections  of  each  county  to  the  state  supervisor  of  elections,  ^awinB  returns, 
within  ten  days  after  said  election ;  and  within  thirty  days 


154 


RETURNS  AND  ABSTRACTS. 


Chap.  10 


Publication  of 
proposed  amend- 
ments by  state 
supervisor  of 
public  printing. 


Charges  for  inib- 
lication. 


after  such  election  the  governor,  secretary  of  state  and  at- 
torney general  shall  open  and  canvass  said  returns,  and 
ascertain  whether  or  not  a  majority  of  the  electors  voting 
on  each  several  amendment  have  voted  in  favor  thereof 
and  if  the  majority  of  the  electors  voting  on  any  amend- 
ment shall  have  voted  in  favor  thereof,  the  governor  shall 
make  proclamation  thereof  without  delay  and  such  amend- 
ment shall  become  a  part  of  the  constitution.     (103  v.  724.) 

Section  5123-3.  The  secretary  of  state  shall  cause 
amendments  to  the  constitution  proposed  by  the  general 
assembly  to  be  published  once  a  week  for  five  consecutive 
weeks  preceding  such  election,  in  at  least  one  newspaper  in 
each  county  of  the  state,  where  a  newspaper  is  published. 
(Pt.  I,  108,  693.) 

Section  5123-4.  The  charges  for  publication  shall  not 
exceed  fifty  per  cent,  of  the  rates  established  in  section  6251 
of  the  General  Code  for  legal  advertising.  Such  cost  of 
publication  shall  be  paid  out  of  the  state  treasury  upon  the 
warrant  of  the  auditor  of  state,  upon  vouchers  approved  by 
the  supervisor  of  public  printing  who  shall  make  legal 
measurement  of  the  matter  published.     (103  0.  L.  724.) 


CHAPTER  11. 
CONTESTS  OF  ELECTIONS. 


Section 
5124. 
5125. 
5126. 


5127, 
5128. 


Presidential  electors. 
Commission  to  hear  contest. 
Powers   of   and    rules   governing   com- 
mission. 
Proceedings  under  judgment  of  ouster. 
Costs. 


STATE  OFFICERS.  SUPREME  AND  COURTS 
OF  APPEALS  JUDGES. 

5129.  Contest  of  election  of  state  officers  and 

supreme     and     courts     of     appeals 
judges. 

5130.  Who  may  contest  such  election. 

5131.  Mode  of  procedure. 

5132.  Notice ;  answer  and  reply. 

5133.  Extension  of  time;  testimony. 

5134.  Taking  and  filing  testimony. 

5135.  Hearing  and  Judgment. 

5136.  Bond  and  costs. 

JUDGES  OF  COMMON  PLEAS  AND 
SUPERIOR  COURTS. 

5137.  Contest  of  election  of  common  pleas  and 

superior  court  judges. 

5138.  How  appeal  shall  be  taken. 

5139.  Time  for  answer  and  reply. 

5140.  Testimony. 

5141.  Taking  and  filing  testimony, 

5142.  Proceedings  upon  filing  of  petition. 

5143.  Hearing  of  contest;  petition  in  error. 

5144.  Bond  and  costs. 

.'•145.        Limitation  for  filing  petitions  In  error. 

MEMBERS  OF  THE  GENERAL 
ASSEMBLY. 

5146.  Contest  of  election  of  members  of  gen- 

eral assembly. 

5147.  Mode  of  procedure. 

COUNTY  OFFICERS 

5148.  Contest  of  election  of  county  officers. 

5149.  Notice  of  appeal. 

5150.  Who  may  take  testimony. 

5151.  Testimony     must     be     tranarmitted     to 

court. 

5152.  What  is  competent;  how  errors  cured. 

5153.  When  case  heard ;  costs. 

COUNTY  SEAT. 

5154.  Contest  of  election  as  to  county  seat. 

5155.  Notice  and  bond  by  contestor. 

5156.  Publication  of  notice  and  appointment 

of  commissioner. 


Section 

5157.  Duties  of  commissioner. 
Powers  of  commissioner. 
When  testimony  shall  close;  filing  in 

court. 
Hearing    in    court    of    common    pleas; 

judgment. 
Continuance;  costs. 


5158. 
5159 


5160. 
5161. 


JUSTICES   OF  THE  PEACE. 

5162.  Contest   of   election   of  jxiatice  of   the 

peace. 

5163.  How  contest  shall  be  tried, 

5164.  Witnesses, 

5165.  Trial  of  contest. 

5166.  What  votes  shall  be  thrown  out. 

5167.  Talesmen;    justice    to    preside   in    ab- 

sence of  judge, 

5168.  Costs,  how  paid, 

MUNICIPAL  OFFICERS. 

5169.  Contest    of   election    of   municipal    of- 

ficers. 

UNDER    STATE   REFERENDUM. 

r>169-l.  Contests  under  state  referendum;  time 
and  place  of  filing  petition;  notice  of 
contest;  holding  of  ballots. 

5169-2.  Naming  of  judge  to  hear  contest; 
where  hearing  held. 

5169-3.  Procedure  where  contest  Involves 
counting  of  ballots. 

5169-4.     Contests  in  subdivisions. 

5169-5.     When  precinct  ballots  shall  be  void. 

5169-6.     Precinct    vote    shall    not    be    counted 

^  when  bribery,  etc.,  is  proven. 

5169-7.  Procedure  in  cases  of  fraud,  etc.,  not 
involving  recount. 

5169-8.  Naming  of  challengers  when  questions 
are  submitted. 

5169-9.  How  number  of  challengers  deter- 
mined. 

5169-10.  Blank  ballots  shall  be  Ullled  and  cer- 
tified.  _, 

5169-11.  Failure  of  election  officials  to  perform 
duty  a  misdemeanor, 

5169-12.  Attempt  to  hinder  Inspector  or  chal- 
lenger in  performance  of  duty. 

5169-13.  Wearing  badge,  etc.,  indicating  prefer- 
ence, by  election  officials,  prohibited. 

5169-14.  Judges  and  clerks;  offenses  of  relating 
to  ballots. 

5169-15.  Appointment  of  special  deputy  sheriffs. 

5169-16.  Violation,  prima  facie  case  of  fraud, 

5169-17,  Penalty ;  fined  and  disqualified  as  elec- 
tion official. 


PRESIDENTIAL  ELECTORS. 


Section  5124.  Any  qualified  voter  may  contest  the  presidential 
election  of  the  electors  of  president  and  vice  president  of  ^le^*"" 
the  United  States,  or  any  of  them,  by  serving  notice  upon 
each  contestee  in  the  manner  and  time  prescribed  in  case 
of  contest  of  the  election  of  county  officers,  and  filing  a 
copy  of  such  notice  with  the  governor  within  five  days  after 
the  mailing  by  him  of  the  certificates  of  election  of  such 
electors.     The  provisions  of  law  relating  to  the  taking  of 

(155) 


156 


CONTESTS  OF  ELECTIONS. 


Chap.  11 


Coininission  to 
hear  contest. 


Powers  of  and 
rules  governing 
commission. 


Proceedings 
under  judgment 
of  ouster. 


testimony  jn  contest  of  elections  of  county  officers  shall 
apply  to  such  contest,  except  that  all  testimony  taken  and 
all  matters  relating  to  the  contest  shall  be  sent  to  and  filed 
with  the  secretary  of  state  before  the  day  appointed  by  the 
governor  for  the  hearing.  Such  contest  shall  be  heard  and 
determined  as  hereinafter  provided.     (R.  S.  Sec.  2970a.) 

Section  5125.  Upon  the  filing  of  a  copy  of  such  no- 
tice with  the  governor,  he  shall  within  five  days  appoint 
four  judges  of  the  court  of  appeals,  not  more  than  two  of 
whom  shall  be  of  the  same  political  party,  or  so  reputed  to 
be,  who,  with  the  governor,  shall  be  a  commission  to  hear 
and  determine  such  contest.  He  shall  appoint  the  time  of 
such  hearing,  which  shall  be  within  ten  days,  and  give  such 
judges  notice  thereof.  Thereupon  a  certified  copy  of  the 
notice  filed  with  the  governor  by  the  contestor,  and  notice 
in  writing  to  the  contestee  or  contestees  of  the  time  so  ap- 
pointed for  the  hearing,  requiring  him  or  them  to  attend 
in  the  hall  of  the  supreme  court  at  Columbus  at  such  time, 
and  answer  the  contest,  shall  be  issued  by  the  secretary  of 
state  to  the  sheriff  of  Franklin  county,  or  if  he  is  disqual- 
ified, to  the  coroner  thereof.  Such  certified  copy  and  no- 
tice in  writing  shall  be  served  by  the  sheriff  or  coroner  upon 
such  contestee  or  contestees  in  any  county,  and  return 
thereof  made  to  the  secretary  of  state,  as  upon  summons 
in  civil  action.  The  secretary  of  state  shall  act  as  secretary 
of  the  commission  and  discharge  such  duties  as  it  directs. 
(103  V.  422.) 

Section  5126.  In  hearing  and  determining  such  con- 
test, the  commission  shall  have  and  exercise  all  the  powers 
and  authority  and  be  governed  by  the  same  rules  of  pro- 
cedure as  are  hereinafter  prescribed  for  contests  of  elec- 
tions of  state  officers,  so  far  as  they  are  applicable  and  sub- 
ject to  the  constitution  and  laws  of  the  United  States.  In 
any  order  or  vote  by  the  commission  in  the  final  decision  or 
judgment  upon  the  contest,  the  governor  shall  vote,  if  the 
other  members  of  the  commission  are  equally  divided,  and 
not  otherwise.  Upon  the  contest  at  any  election  of  electors 
of  president  and  vice-president  of  the  United  States,  the 
judgment  of  the  commission  shall  be  final  and  conclusive 
thereof,  and  the  record  of  the  judgment  and  proceedings 
shall  be  filed  and  kept  by  the  secretary  of  state  in  his  office. 
(R.  S.  Sec.  2970c.) 

Section  5127.  If  the  contestee  or  contestees  are 
ousted  by  the  judgment  of  the  commission,  the  certificates 
of  election  issued  to  him  or  them  shall  be  null  and  void. 
The  governor  shall  forthwith  make  and  transmit  by  mail  to 
the  person  or  persons  ascertained  and  determined  by  the 
judgment  of  the  commission  to  have  been  duly  elected,  a 
certificate  of  his  or  their  election  to  such  office  and  shall 
cause  notice  of  his  or  their  election  and  of  such  judgment 
to  be  proclaimed  and  published  as  prescribed  by  law  in 
case  of  original  notice  of  election  of  electors.  (R.  S.  Sec. 
2970d.) 


Chap.   11  CONTESTS  OP  BLKCnONB.  167 

Section  5128.  The  commission  shall  render  judgment  ^°«*^ 
against  the  party  failing  in  the  contest  for  all  the  costs,  in- 
cluding costs  of  depositions  filed  and  allowed.  Execution 
therefore  shall  be  issued  to  any  sheriff  in  the  state  and 
levied  and  collected  as  upon  judgment  and  execution  at  law. 
Security  for  costs,  satisfactory  to  the  secretary  of  state, 
shall  be  given  by  the  contestor  or  contestors  before  notice 
of  the  contest  shall  be  issued  by  him.     (R.  S.  Sec.  2970e.) 

STATE  OFFICERS,   SUPREME   AND   COURTS   OP   APPEALS   JUDGES. 

Section  5129.    The  supreme  court  shall  have  exclusive  contest  of  eiec- 
jurisdiction  of  the  contest  of  elections  of  state  officers,  chief  ?fflce?J  iSd^au- 
justice  of  the  supPMie  court,  supreme  court  judges  and  of  5{*appea°i8  *^°"^ 
judges  of  the  court  of  appeals.    If  either  party  to  the  con-  iudsres. 
test  is  chief  justice  or  a  member  of  the  supreme  court,  he 
shall  not  sit  in  the  determination  of  his  contest,  nor  in  the 
making  of  any  order  preliminary  or  incident  thereto,  nor 
shall  he  sit  in  the  determination  of  the  contest  nor  upon  any 
question  preliminary  or  incident  thereto  of  the  election  of 
any  candidate  voted  for  at  the  same  election  in  which  he 
was  a  candidate  for  the  office  of  chief  justice  or  judge  of 
the  supreme  court  which  is  being  contested,  if  his  election 
is  also  contested.    (103  v.  423.) 

Section  5130.  Any  elector  having  a  right  to  vote  for  who  may  contest 
any  candidate  for  state  officer,  chief  justice  or  judge  of  the  ^"*^^  election, 
supreme  court  or  judge  of  the  court  of  appeals,  by  taking 
an  appeal  from  the  finding  and  decision  of  the  canvassing 
board  which  finds  and  declares  the  result  of  the  election 
of  such  state  officer  or  judge,  to  the  supreme  court  of  the 
state,  may  contest  the  election  of  such  state  officer  or  judge. 
(103  V.  423.) 

Section  5131.  Such  appeal  shall  be  taken  and  filed  in  Mode  of 
the  supreme  court  within  ten  days  from  the  declaration  p'"''^®**"'®- 
of  the  result  of  the  decision  by  the  proper  canvassing  board, 
and  the  appeal  shall  be  in  the  form  of  a  relation  addressed 
to  the  court,  in  which  shall  be  set  forth  in  brief  and  plain 
terms  that  such  appeal  is  taken,  by  whom,  and  upon  what 
to  the  answer  of  the  contestee.     (89  v.  364  §  8.) 

Section  5132.  Notice  of  such  appeal  together  with  ^°^'^/g',*'^^^^'^ 
a  copy  of  the  relation  shall  be  served  upon  the  contestee  in 
the  same  manner  as  a  summons  in  a  civil  action,  within  five 
days  from  the  time  of  filing  the  appeal.  The  contestee  shall 
have  fourteen  days  from  the  time  service  has  been  made 
upon  him  in  which  to  answer  the  relation,  and  the  contestor 
shall  have  seven  days  thereafter  in  which  to  reply  to  the 
answer  of  the  contestee.     (89  v.  §  8.) 

Section  5133.     Upon  notice  to  the  opposite  party,  the   Extension  of 

,  «  [>  1  xjxT_       time :  testimony. 

court  or  a  judge  thereof  may  for  a  good  reason  extend  the   Taking  and  fii- 
time  for  either  answer  or  reply.    Testimony  may  be  taken   >"«  testimony, 
by  either  party  as  in  civil  actions  at  any  time  after  copy  of 
relation  has  been  served  upon  the  contestee.    Any  notary 
public  may  take  such  testimony  in  any  county  in  the  state, 


158 


CONTESTS  OF  ELECTIONS. 


Chap.  11 


Takine  and  fil- 
ing  testimony. 


Hearine  and 
judgment. 


Bond  and  ooata. 


without  reference  to  the  county  in  which  he  resides.  Tf 
taken  in  short-hand,  the  signature  of  the  witnesses  shall  not 
be  necessary  to  depositions  so  taken,  if  such  depositions 
have  been  read  over  to  the  witness  and  approved  and  the 
facts  are  certified  by  the  notary.     (89  v.  3665  §  9.) 

Section  5134.  In  contests  of  election  in  the  supreme 
court,  all  testimony  shall  be  in  the  form  of  depositions. 
The  contestor  shall  take  and  file  his  testimony  within  thirty 
days  from  the  time  his  reply  should  be  filed,  unless  upon 
notice  of  the  contestee  further  time  is  given  by  the  court 
or  a  judge  thereof.  The  contestee  shall  file  his  testimony 
within  thirty  days  from  the  expiration  of  the  contestor 's 
time,  unless  upon  notice  to  the  contestor  further  time  is 
granted  by  the  court  or  a  judge  thereof.     (89  v.  365  §  10.) 

Section  5135.  The  court  shall  hear  and  determine 
such  contest  in  a  summary  manner,  and,  if  practicable,  be- 
fore the  term  of  office  in  question  shall  begin,  and  to  that 
end  the  court  shall  make'  any  and  all  proper  orders  as  to 
time  and  manner  of  procedure.  It  shall  have  full  power 
to  render  such  judgments  and  make  such  orders  as  the 
laws  and  the  facts  may  warrant,  including  judgments  of 
ouster  and  induction.     (89  v.  365  §  11.) 

Section  5136.  If  the  contesting  elector  be  not  the 
claimant  of  the  office,  he  shall  at  the  time  of  filing  his 
appeal  file  a  bond  with  surety  approved  by  the  clerk,  con- 
ditioned that  he  will  pay  all  costs  that  may  be  adjudged 
against  him  therein.  Upon  final  hearing,  the  court  shall 
adjudge  the  costs  of  the  case  as  it  deems  just  and  equitable, 
and  in  such  adjudication  it  may  find  what  part,  if  any, 
thereof  should  be  paid  from  the  state  treasury.  (89  v.  365 
§  12.) 


Contest  of  elec- 
tion of  common 
pleas  and 
superior   court 
judges. 


How  appeal 
shall  be  taken. 


JUDGES  OF  COMMON  PLEAS  AND  SUPERIOR  COURTS. 

Section  5137.  The  court  of  appeals  shall  have  exclu- 
sive original  jurisdiction  of  the  contest  of  election  of  com- 
mon pleas  and  superior  court  judges.  The  contest  shall  be 
had  in  the  county  in  which  the  contestee  resides.  Any 
elector  of  the  city,  county,  or  subdivision  may  contest  the 
election  of  any  such  judge  by  taking  an  appeal  from  the 
finding  and  decision  of  the  canvassing  board  which  finds 
and  declares  the  result  of  the  election  of  such  judge  to  the 
court  of  appeals  of  the  county  in  which  the  contestee  re- 
sides.    (103  V.  423.) 

Section  5138.  Such  appeal  shall  be  taken  and  filed 
in  the  court  of  appeals  within  ten  days  from  the  declaration 
of  the  results  by  the  canvassing  board.  The  appeal  shall  be 
in  the  form  of  petition,  addressed  to  the  court,  in  which 
shall  be  set  forth  in  brief  and  plain  terms  that  such  appeal 
is  taken,  by  whom  and  upon  what  grounds  the  election  is 
contested.  Notice  of  the  appeal,  together  with  a  copy  of 
the  petition,  shall  be  served  upon  the  contestee  in  the  same 
manner  that  summons  in  civil  action  may  be  served,  within 
five  days  from  the  time  of  filing  the  appeal.     (103  v.  423.) 


Chap.  11 


CONTESTS  OF  ELECTIONS. 


169 


flllng  testi- 
mony. 


Section  5139.     The  contestee  shall  have  fourteen  days   Time  for  a 
fram  the  time  service  has  been  made  upon  him  to  file  his  "^""^  "'''^" 
answer  and  the  contestor  shall  have  five  days  thereafter 
to  reply.     The  contest  shall-  be  confined  to  the  matters  al- 
leged in  the  pleading.     (89  v.  363  §  1.) 

Section  5140.  Testimony  may  be  taken  by  either  Testimony, 
contestor  or  contestee,  as  in  civil  action,  at  any  time  after 
service  has  been  made  upon  the  contestee.  Any  notary  pub- 
lic may  take  such  testimony  in  any  county  of  the  state  with- 
out reference  to  the  county  in  which  he  resides.  If  taken 
in  shorthand,  the  signature  of  the  witnesses  shall  not  be 
necessary  to  depositions  so  taken,  if  such  depositions  have 
been  read  over  to  the  witness  and  approved  and  such  fact  is 
certified  by  the  notary.     (89  v.  363  §  2.) 

Section  5141.  The  contestor  shall  take  and  file  all  his  Jn!;l°'^t.!iJ\? 
testimony  by  deposition  within  twenty  days  from  the  time 
that  his  reply  to  the  answer  should  be  filed,  unless,  upon 
notice  to  the  contestee,  further  time  is  given  by  the  court 
of  appeals,  or  a  judge  thereof.  The  contestee  shall  take 
and  file  all  his  testimony  by  deposition  within  twenty  days 
from  the  expiration  of  the  contestor 's  time,  unless,  upon 
notice  to  the  contestor,  further  time  is  granted  by  the  court 
or  a  .I'udge  thereof.  Witnesses  may  be  compelled  to  attend 
and  be  examined  orally  in  open  court,  as  in  civil  cases. 
(103  V.  423.) 

Section  5142.  As  soon  as  the  contestor  has  filed  his 
petition,  the  clerk  shall  notify  the  presiding  judge  thereof. 
If  necessary,  the  judges  shall  provide  for  a  special  term  in 
such  county  to  hear  and  determine  such  contest  in  a  sum- 
mary manner,  and  if  practicable,  before  the  term  of  the 
office  in  question  shall  begin,  and  cause  the  clerk  to  notify 
the  parties  of  any  order  of  the  court.     (89  v.  363  §  3.) 

Section  5143.  The  court  shall  hear  and  determine  the 
contest  without  the  intervention  of  a  jury.  In  the  con- 
duct of  the  case,  exceptions  may  be  taken  by  either  party 
as  in  civil  actions,  and  the  supreme  court  shall  in  a  sum- 
mary manner  hear  and  determine  all  errors  alleged  by  either 
party,  to  be  presented  by  petition  in  error  as  in  civil  ac- 
tions. The  court  of  appeals  and  supreme  court  may  render 
such  judgments  and  make  such  orders  as  the  law  and  the 
facts  warrant,  including  judgment  of  ouster  and  induction, 
and  the  judgment  of  the  supreme  court  shall  be  decisive  of 
the  contest.     (103  v.  423.) 

Section  5144.  If  the  contesting  elector  is  not  a  claim- 
ant for  the  office,  he  shall  at  the  time  of  filing  his  appeal 
also  file  a  bond,  with  sureties  to  be  approved  by  the  clerk, 
conditional  that  he  will  pay  all  costs  that  may  be  finally 
adjudged  against  him  therein.  Upon  the  final  hearing,  the 
court  shall  adjudge  the  costs  of  the  case  as  to  it  seems  just 
and  equitable,  and  in  such  adjudication  it  shall  find  what 
part,  if  any  thereof  should  be  paid  from  the  state  treasurv. 
(89  v.  364  §5.) 


Proceedinss 
upon   flllne  of 
petition. 


Hearing  of  con- 
tost  :  petition  In 
error. 


Bond  and  coats. 


160 


CONTESTS  OP  ELECTIONS. 


Chap.  *11 


Limitation    for 
filing  petitions 


Section  5145.  After  the  expiration  of  twenty  days 
from  the  rendition  and  entry  on  the  journal  of  the  final 
judgment  of  the  court  of  appeals  neither  party  shall  have 
the  right  to  file  a  petition  in  error  in  the  supreme  court  for 
review  of  the  court  of  appeals.     (103  v.  424.) 


MEMBERS  OP   THE   GENERAL   ASSEMBLY. 


Contest  of  elec- 
tion of  members 
of  general 
assembly. 


Mode  of  pro- 
cedure. 


Section  5146.  The  right  of  a  person  declared  duly 
elected  to  the  office  of  senator  or  representative  in  the  gen- 
eral assembly  may  be  contested  by  any  elector  of  the  dis- 
trict or  county  by  appeal  to  that  branch  of  the  general  as- 
sembly to  which  such  person  is  declared  elected.  Such 
elector  shall  serve  like  notice  in  the  manner  and  within  the 
time  prescribed  in  case  of  contests  of  the  election  of  county 
officers.     (R.  S.  Sec.  3003.) 

Section  5147.  The  provisions  herein  contained  re- 
lating to  the  taking  of  testimony  in  cases  of  contest  of  elec- 
tions of  county  officers,  shall  apply  to  such  contest,  except 
that  all  testimony  taken  and  all  matters  relating  to  the  con- 
test shall  be  sent  to  that  branch  of  the  general  assembly  to 
which  the  contestee  was  declared  elected  and  be  filed  with 
the  clerk  thereof  on  or  before  the  tenth  day  of  the  first  ses- 
sion of  the  general  assembly  after  the  election.  (R.  S.  Sec. 
3004.) 


county  officers. 


Contest  of  elec- 
tion of  county 
officers. 


Section  5148.  The  right  of  a  person  declared  duly 
elected  to  any  county  office  or  to  the  office  of  probate  judge 
may  be  contested  by  any  elector  of  the  county  by  appeal 
to  the  court  of  common  pleas  of  the  coitnty.  (R.  S.  Sec. 
2997.) 


Note  : — In  an  election  contest  or  an  appeal  in  the  court  of  common  pleas 
questions  of  law  arising  upon  evidence  brought  on  the  record  by  a  bill  of  excep- 
tions, are  subject  to  review  on  error  without  a  motion  for  a  new  trial  having  been 
made  and  overruled. 

Phelps:  v.  Schroder,  26  0.  S.  549. 

In  an  action  to  contest  an  election  where  the  election  officers  are  functus 
officio,  the  fact  that  none  of  the  ballots  in  dispute  were  counted  by  the  election 
officers  may  be  established  by  parol  evidence. 

Williams  v.  Barker,  17  N.  P.  679,  (B.  Aug.  5,  1907). 

In  a  contested  election  case,  where  the  term  of  office  has  begun  before  the 
case  is  brought  to  trial,  a  finding  in  favor  of  the  contestant  should  be  accompanied 
by  a  judgment  of  ouster  and  of  induction  of  the  contestant  into  office. — Ibid. 


Notice  of  ap- 
peal. 


Section  5149.  The  contestor  shall  file  a  notice  of  such 
appeal  with  the  clerk  of  such  court  and  give  notice  thereof 
in  writing  to  the  contestee,  or  leave  such  notice  at  the  house 
where  he  last  resided,  on  or  before  the  thirtieth  day  after 
the  day  of  election.  The  notice  shall  state  the  grounds  of 
contest  and  the  names  of  two  justices  of  the  peace  before 
whom  depositions  will  be  taken,  and  the  place,  and  a  time, 
not  less  than  ten  days  nor  more  than  twenty  days  from  the 
day  of  service  thereof,  where  and  when  such  justices  will 
attend  and  take  the  depositions.     (R.  S.  Sec.  2997.) 


Chap.  11 


CONTESTS  OP  ELECTIONS. 


161 


be   transmitted 
to  court. 


Section  5150.  Such  justices,  or  either  of  them,  or  J^g^JJ^j^*^  *"'^* 
officers,  before  whom  depositions  are  taken  in  the  case,  shall 
issue  subpoenas  for  all  persons  whose  testimony  may  be 
required  by  either  party,  and  subpoenas  duces  tecum  for 
the  production  of  the  books,  papers,  ballots  or  things  re- 
lating to  such  election,  and  they  may  compel  the  attendance 
of  witnesses  and  the  production  of  everything  named  in  the 
subpoenas.     (R.  S.  Sec.  2998.) 

Section  5151.  The  justices  shall  not  receive  testimony  Testimony  muat 
upon  any  point  not  named  in  the  notice.  "When  met,  they 
shall  hear  the  testimony  and  certify  it  under  seal,  including 
a  copy  of  the  notice,  which  shall  be  delivered  to  them  by  the 
contestor  for  that  purpose,  which  testimony  and  copy  shall 
be  transmitted  by  them  to  the  court  of  common  pleas  of 
the  county  not  less  than  thirty  days  after  the  day  fixed  in 
the  notice  to  begin  the  taking  of  testimony.  The  contest 
shall  be  heard  and  determined  by  the  court,  if  then  in  ses- 
sion, and  if  not  then  in  session,  at  the  first  term  thereof 
thereafter.     (R.  S.  Sec.  2000.) 

Section  5152.  On  the  trial,  either  party  may  intro- 
duce oral  testimony  or  depositions  of  witnesses  taken  as 
jirovided  in  civil  actions.  When  any  omission,  defect  or 
error  occurs  in  the  proceedings  of  an  officer  in  declaring 
or  certifying  that  a  person  was  duly  elected  to  an  office, 
it  may  be  corrected  by  oral  or  other  testimony,  offered  at 
the  hearing  of  any  preliminary  proceeding  or  at  the  trial. 
(R.  S.  Sec.  3001.) 

Section  5153.  Upon  motion  of  either  party,  the  court 
shall  at  once  take  up  and  determine  any  pending  matter 
relating  to  the  contest,  otherwise  the  case  shall  be  heard 
in  its  regular  order  upon  the. docket.  The  court  shall  ren- 
der judgment  against  the  party  failing  in  the  case  for  all 
the  costs  of  the  contest,  including  the  costs  of  depositions. 
(R.  S.  Sec.  3002.) 


What  Is  com 
patent;  how 
errors  cured. 


When   case 
heard;  costs. 


COUNTY  SEAT.  r 

•      Section  5154.     Any  elector  of  a  county  in  which  a  Jj^J^^^i^tJ'  ^^^' 
law  for  the  removal  of  the  county  seat  thereof  has  been  county  seat, 
submitted  to  the  electors  thereof  for  adoption,  may  contest 
the  validity  of  the  vote  given  at  such  election  upon  such 
question.     (R.  S.  Sec.  3015.) 

Section  5155.  Within  twenty  days  after  the  day  of  Notice^and^bond 
such  election,  the  elector  so  contesting  shall  file  in  the  office 
of  the  probate  judge  of  the  county  notice  of  his  intention 
to  contest  the  validity  of  the  vote.  Within  the  same  time, 
he  shall  also  file  in  such  office  a  bond  to  the  state,  approved 
by  the  probate  judge,  or  in  his  absence  or  disability  or  re- 
fusal to  act,  by  the  clerk  of  the  court  of  common  pleas  of 
the  county,  conditioned  for  the  payment  of  all  costs  that 
accrue  upon  the  contest  in  the  event  the  result  of  the  vote 
upon  such  question,  as  certified  and  made  known,  is  not  in- 
validated by  and  upon  the  contest.     Under  the  notice  so 


6— B.  L. 


162 


CONTESTS  OF  ELECTIONS. 


Chap.  IX^ 


Publication  of 
notice  and  ap- 
pointment   of 
commissioner. 


Duties  of 
commissioner. 


Powsrs  of 
commlsAloMr. 


When  tMtlMOU 
shall  clM«;  tl- 
Ing  In  court. 


filed,  any  other  elector  may  file  in  such  oiBce  within  such 
time  a  like  undertaking,  to  be  in  like  manner  approved, 
and  proceed  with  such  contest  in  accordance  with  these  pro- 
visions, in  the  event  the  party  filing  the  notice  fails  to 
prosecute  the  contest  at  any  time  during  the  proceedings. 
(R.  S.  Sec.  3016.) 

Section  5156.  Upon  the  filing  in  the  office  of  the 
notice  or  undertaking,  the  probate  judge  or  clerk  shall 
publish  in  a  newspaper  of  general  circulation  in  the  county 
the  fact  of  the  filing  of  the  notice  and  undertaking,  and, 
without  delay,  shall  forward  to  the  governor  duly  certified 
copies  of  the  notice  and  undertaking.  On  receipt  of  the 
copies,  the  governor  shall,  without  delay,  appoint  a  com- 
petent disinterested  person  to  serve  as  commissioner  and 
perform  the  duties  herein  prescribed  in  the  matter  of  the 
contest.  In  case  of  the  death  or  disability  of  the  commis- 
sioner, the  governor  may  fill  the  vacancy.  (R.  S.  Sec.  3017.) 

Section  5157.  The  commissioner  shall  be  sworn  faith- 
fully to  discharge  the  duties  required  of  him.  Within  ten 
days  after  being  notified  of  his  appointment  he  shall  go  to 
the  office  of  the  probate  judge  of  the  county  and,  having 
notified  the  contestors  verbally  or  otherwise  of  his  presence, 
he  shall  proceed  at  such  office  and  at  such  other  places  in 
the  county  as  he  finds  convienient  to  examine  all  witnesses 
produced  or  brought  before  him  and  take  their  testimony 
in  writing  as  to  the  validity  of  the  votes  cast  at  such  election 
upon  such  question  and  as  to  the  validity  of  the  result 
thereof.  He  may  take  or  cause  to  be  taken  in  writing  the 
depositions  of  persons  as  he  deems  material  in  the  determi- 
nation of  the  contest  at  any  place  out  of  the  county  in  such 
manner  and  before  such  authority  as  he  prescribes.  For 
these  purposes,  he  may  administer  oaths  to  witnesses,  issue 
processes  of  subpoena  and  attachments  to  compel  the  at- 
tendance of  witnesses  and  punish  for  contempts  as  may  be 
done  by  officers  authorized  to  take  depositions  in  civil  ac- 
tions.   (R.  S.  Sec.  3018.) 

Section  5158.  In  executing  his  duties,  the  commis- 
sioner shall  hold  open  sessions,  he  may  preserve  order  while 
in  the  execution  of  his  commission  and  punish  contempts 
in  the  same  manner  as  courts  of  justice  are  by  law  author- 
ized to  do  while  in  session.  He  may  command  the  services 
of  the  sheriff  and  other  ministerial  officers  of  the  county 
and  employ  the  assistance  of  such  clerks  as  are  necessary 
to  reduce  to  writing,  evidence  taken  under  his  supervision. 
(R.  S.  Sec.  3018.) 

Section  5159.  The  commissioner  shall  finish  taking 
testimony  within  forty  days  after  he  reaches  the  office  of 
the  probate  judge.  The  evidence  taken  before  him  or  by  his 
direction  shall  be  properly  certified,  sealed  and  endorsed  by 
him,  indicating  that  the  package  contains  evidence  taken 
upon  the  contest  and  filed  in  the  office  of  the  clerk  of  the 
court  of  common  pleas  of  the  county.  Upon  being  so  filed, 
the  clerk  shall  enter  the  case  upon  the  appearance  and  trial 


Chap.  11 


CONTEBTg  OF  MUKmomL 


168 


of  commoB 


dockets  of  the  court  in  its  proper  order  with  other  cases. 
The  court  or  a  judge  thereof  for  the  H^bdirision  in  which 
the  county  is  lituated,  at  the  next  regular  term  thereof  or 
at  an  earlier  time,  shall  cause  the  package  to  be  opened, 
preserved  and  kept  in  such  office  for  the  use  and  inspection 
of  the  parties  to  the  contest  and  their  counsel.  (R.  S.  Sec. 
3019.) 

Section  5160.  At  the  next  term  of  the  court  or  at  an  Hearing  in  ooupt 
earlier  day,  if  so  ordered  by  the  judge,  the  matter  of  the 
contest  shall  be  brought  to  final  hearing  upon  the  law  ap- 
plicable to  the  case,  and  the  evidence  taken  and  filed  as 
herein  provided.  No  part  of  the  evidence  shall  be  rejected 
by  reason  of  any  mere  technical  objection  to  its  form  or 
the  manner  of  taking  or  certifying  it.  If,  upon  the  hearing, 
the  court  or  judge  finds  that  illegal  votes  were  cast  at  the 
election  upon  such  question  by  reason  whereof  or  for  any 
other  reason  fomid  by  the  comrt  or  judge,  the  result  of  the 
election  or  vote  so  returned  and  certified  is  contrary  to 
what  it  would  have  been  but  for  such  illegal  votes  or  other 
reason,  the  court  or  judge  shall  enter  and  certify  such  find- 
ing on  the  records  of  the  court.  Upon  the  hearing,  if  the 
court  or  judge  finds  that  the  result  of  the  election  or  vote 
would  not,  by  reason  of  illegal  votes  or  other  cause  have 
been  contrary  to  the  return  thereof,  as  certified,  the  court 
or  judge  shall  certify  and  enter  such  finding  on  the  record 
of  the  court.  If,  upon  the  finding,  it  appears  that  a  ma- 
jority of  the  electors  voting  at  s«ch  election  voted  in  favor 
of  adopting  the  law,  it  shall  be  taken  and  held  to  be 
adopted.     (R.  S.  Sec.  3020.) 

Section  5161.  For  sufficient  cause,  the  court  or  judge 
may  continue  the  hearing  of  the  contest  from  time  to  time 
until  it  can  be  finally  disposed  of.  If  the  result  of  the  elec- 
tion is  not  changed  by  the  final  order  or  certificate  of  the 
court,  the  costs  and  expenses  of  the  contest,  which  shaU  be 
taxed  by  the  clerk,  subject  to  the  order  of  the  court,  shall 
be  adjudged  against  the  contestors.  If  the  result  of  the 
election  is  changed  by  the  final  order  or  certificate,  the  costs 
or  expenses  shall  be  paid  from  the  treasury  of  the  county 
from  any  money  not  otherwise  appropriated.  The  commis- 
sioner shall  be  allowed  for  his  services,  to  be  taxed  as  costs, 
five  dollars  for  each  day  of  time  he  has  been  employed,  and 
each  clerk  shall  be  allowed  two  dollars  for  each  day  em- 
ployed in  writing  testimony.     (R.  S.  Sec.  3021.) 


COBtlBiaBMI 


JUSTICES  OF  THE  PEACE. 


Section  5162.  Within  ten  days  after  the  day  of  the 
election,  any  candidate  or  elector  of  the  township  may  con- 
test the  election  of  a  justice  of  the  peace.  Such  candidate 
or  elector  must  notify  the  probate  judge  of  the  county  of 
such  intention,  specifying  the  points  on  which  the  contest 
shall  be  based.  The  probate  judge  shall  give  notice  thereof 
to  the  person  whose  election  is  contested,  stating  the  name 


ContMt  of  elee- 
tion  of  Justice 
of  the  peace. 


164 


CONTESTS  OP  ELECTIONS. 


Chap.  11 


How  oonteft 
shall    be   tried. 


Witnesses. 


Trial  of 


What  votes  shall 
be  thrown  out 


of  the  contestor,  the  points  on  which  he  relies,  and  citing 
him  or  them  to  appear  at  his  office  on  a  day  not  more  than 
fifteen  days  from  the  day  of  the  election,  but  allowing  such 
person  five  days'  notice  of  the  contest.     (R.  S.  Sec.  572.) 

Section  5163.  On  the  same  day  that  he  issues  the  no- 
tice to  the  person  whose  election  is  contested  the  probate 
judge  shall  issue  summons  to  three  freeholders  of  the 
county,  not  resident  in  such  township,  to  appear  on  a  day 
specified  therein  and  try  the  contest.  The  summons  shall 
be  directed  to  the  sheriff  or  a  constable  of  the  county  and 
shall  be  served  at  least  three  days  before  the  time  appointed 
for  the  trial,  and  return  thereof  made  at  the  time  and  place 
of  the  trial.    (R.  S.  Sec.  573.) 

Section  5164.  On  request  of  the  contestor  or  the  per- 
son whose  election  is  contested,  the  probate  judge  may  issue 
subpoenas  for  witnesses  directed  to  the  sheriff  or  a  constable 
of  the  county  who  shall  serve  and  make  return  thereof  to 
the  judge  at  the  time  and  place  therein  named.  (R.  S. 
Sec.  574.) 

Section  5165.  The  jury  of  freeholders  shall  be  sworn 
to  try  the  contest  on  the  evidence.  No  evidence  shall  be 
admitted  which  does  not  relate  to  the  points  set  forth  in 
the  notice.  When  the  trial  is  closed,  the  freeholders  shall 
sign  their  decision,  which  shall  be  attested  by  the  probate 
judge.  If,  by  the  decision,  a  vacancy  exists  in  the  office  of 
justice  of  the  peace,  within  three  days  thereafter,  the  judge 
shall  transmit  a  copy  thereof  to  the  trustees  of  the  town- 
ship or,  if  there  are  no  trustees,  to  the  clerk  thereof.  If  by 
the  decision  the  election  is  valid,  he  shall  so  certify  to  the 
proper  officers,  and  the  provisions  of  law  thereafter  ap- 
plicable shall  be  complied  with.     (R.  S.  Sec.  575.) 

Section  5166.  No  election  of  a  justice  of  the  peace 
shall  be  set  aside  because  illegal  votes  were  cast  at  the  elec- 
tion, if  it  appears  that  the  person  whose  election  is  con- 
tested has  the  greatest  number  of  legal  votes  given  at  such 
election.    (R.  S.  Sec.  576.) 


Note  : — The  nominees  for  the  oflQce  of  Justice  of  the  peace  of  a  township  J 

containing  more  than  one  precinct,  receiving  the  highest  number  of  votes  of  guch  ■! 

township  are  entitled  to  the  certificates  of  election,  without  regard  to  the  precinct  ^ 

in  which  they  reside.  ■; 


Talesmen:    jus- 
tice to  preside 
in  absence  of 
judge. 


Costs,  how  paid. 


Section  5167.  If  a  freeholder  summoned  fails  to  at- 
tend at  the  time  and  place  of  trial,  the  judge  shall  appoint 
another  freeholder  in  his  place.  If  the  judge  fails  to  at- 
tend the  trial,  any  disinterested  justice  of  the  peace  of  the 
county  may  perform  the  duties  required  of  such  probate 
judge.     (R.  S.  Sec.  577.) 

Section  5168.  If  the  contestor  fails  to  set  aside  such 
election,  the  judge  shall  render  judgment  against  him  for 
the  costs,  from  which  judgment  there  shall  be  no  appeal, 
and  issue  execution  therefor  to  the  sheriff,  or  a  constable 
of  the  county.  If  the  election  is  set  aside,  the  costs  shall 
be  paid  by  the  township  in  which  it  was  held.  The  judge 
shall  make  out  and  certify  a  bill  of  such  costs  and  forward 


Chap.  11 


CONTESTS  OP  ELECTIONS. 


166 


it  to  the  trustees  of  the  township  who  shall  issue  their  or- 
ders on  the  township  treasury  for  its  payment.  The  pro- 
bate judge  and  each  freeholder  shall  receive  for  each  day 
one  dollar,  and  the  witnesses,  sheriff,  or  constable  the  same 
fees  as  in  other  cases.    (R.  S.  Sec.  578.) 


MUNICIPAL  OFFICERS. 


Section  5169.  The  election  of  any  municipal  officer, 
except  a  member  of  the  council,  may  be  contested  in  the 
manner  hereinbefore  provided  for  contesting  the  election  of 
justices  of  the  peace,  but  in  cities  the  election  of  any  such 
municipal  officer  may  be  contested  only  in  the  manner  pro- 
vided for  the  contest  of  election  of  county  officers.  (R.  S 
Sec.  1731.) 


Contest  of  elec- 
tion of  munic- 
ipal ofBcera. 


^OTE:— In  a  proceeding  to  contest  the  election  of  a  township  trustee  held 
under  the  Australian  ballot  law,  rejection  and  destruction  of  the  ballots  by  the 
judges  of  election  is  not  final  or  conclusive,  but  the  contents  of  the  ballots  thus 
rejected  and  destroyed  may  be  shown  by  parol. 

In  the  absence  of  any  statutory  provision  for  the  contest  of  election  of  town- 
ship  officers  quo  warranto  is  the  proper  remedy  for  determining  the  legality  of 
an  election  of  township  trustee. 

A  statute  will  not  be  construed  as  abridging  or  repealing  the  right  to  contest 
an  election  for  fraud  or  mistake  unless  such  intention  is  clearly  expressed 
State  ex  rel.  v.  Couser  566  (N.  S.)   119. 


Contest  of  elec- 
tions under 
state  referen- 
dum;  time  and 
place  of  filing 
petition. 


Notice  of  con- 
test; where  filed. 


Section  5169-1.  Any  qualified  elector  may  contest  an 
'lection,  or  demand  a  recount  of  ballots  on  questions  sub- 
mitted to  the  voters  of  the  state  under  a  state  referendum, 
as  hereinafter  provided.  Such  elector  having  a  right  to 
vote  on  the  question  submitted  and  having  voted  may  file  a 
petition  setting  forth  the  grounds  of  contest  with  the  clerk 
of  the  common  pleas  court  of  Franklin  county  not  more  than 
fifteen  days  after  the  official  canvass  and  announcement  of 
such  vote  for  the  state  by  the  state  canvassing  board.  The 
contestant  may  file  with  the  clerk  of  such  court  and  secre- 
tary of  state  a  notice  of  his  intention  to  contest  the  elec- 
tion before  the  announcement  of  the  official  count  by  the 
state  canvassing  board,  and  the  secretary  of  state  shall 
forthwith  notify  all  the  deputy  state  supervisors  of  elections 
or  deputy  state  supervisors  and  inspectors  of  elections  in 
the  counties  involved  in  such  contest  to  hold  the  ballots 
cast  at  such  election,  on  such  question  or  questions  subject 
to  the  order  of  such  court.  Such  notice  shall  be  served  by 
the  secretary  of  state  by  mailing  a  true  and  certified  copy  of 
such  notice  of  contest  and  order  to  hold  such  ballots  subject 
to  the  order  of  the  court,  by  registered  mail,  to  the  clerk 
of  the  board  of  deputy  state  supervisors  of  elections,  or 
deputy  state  supervisors  and  inspectors  of  elections,  in  such 
county  or  counties,  and  such  clerk  is  required  to  acknowl- 
edge receipt  thereof  on  receiving  the  same.     (106  v.  17.) 

Section  5169-2.     Upon  the  filing  of  the  copy  of  such  chief  justice 
notice  of  such  contest,  the  chief  justice  of  the  supreme  court  ?o*heaT?oVte?t*;* 
shall  within  five  days  name  a  common  pleas  judge  to  hear  \*^"® J^®t'''"P 

1  .  -ji    J  i»  ii_  J.'         shall  be  held. 

and  determine  such  contest.    A  certined  copy  ot  the  notice 
of  such  contest  shall  be  sent  by  the  clerk  of  the  court  to 


Ballots   to   be 
held   subject    to 
the    order    of 
court. 


166 


CONTESTS  OF  ELECTIONS. 


Oliap.  11 


Procedure 
contest  inT»lT«i 
counting  of 
ballots. 


Appeal. 


How  appeal 
shall  be  taken. 


Appointment  of 
two  maater  eom- 
niiesioners  te 
help  make  re- 
count; compen- 
sation. 


Inspectoral  to 
witness  recount. 


Report  of  re- 
count and  pass- 
ing of  court 
upon  disputed 
and  uncounted 
ballots. 


such  judge  named  by  the  chief  justice.  Such  judge  shall 
within  five  days  after  the  filing  of  the  petition  setting  forth 
the  grounds  of  contest  determine  whether  there  are  suffi- 
cient grounds  to  justify  such  contest,  fix  the  bond  for  court 
costs  and  the  date  for  such  hearing.  All  of  the  hearings 
relating  to  such  contest  shall  be  held  in  the  court  house  of 
Franklin  county,  Ohio.     (106  v.  18.) 

Seciion  5169-3.  If  such  contest  involves  the  counting 
of  the  ballots  upon  any  state  referendum  in  any  or  all  pre- 
cincts, wards  or  townships  of  the  state  the  procedure  shall 
be  as  follows : 

a.  Any  qualified  elector  of  the  state  shall  be  entitled 
to  an  appeal  from  the  finding  and  decision  of  the  deputy 
state  supervisors  of  elections  of  any  county  or  canvassing 
board  which  finds  and  declares  the  result  of  the  election. 

b.  Smch  appeal  shall  be  taken  and  filed  with  the  clerk 
of  the  common  pleas  court  of  Franklin  county  not  later 
than  fifteen  days  from  the  declaration  of  the  result  of  the 
decision  by  the  canvassing  board,  and  the  appeal  shall  be 
in  the  form  of  a  relation  addres»ed  to  the  court,  in  which 
shall  be  set  forth  in  brief  and  plain  terras  the  reasons 
thereof;  that  the  contestant  believes  that  there  is  irregu- 
larity or  error  in  the  count,  or  that  a  mistake  or  fraud  was 
committed  by  the  election  judges  and  clerks  of  said  election ; 
and  that  such  error,  mistake,  irregularity  or  fraud  changed 
the  result  of  the  election.  The  contestant  shall  also  state 
which  side  of  the  state  referendum  he  represents.  (106  v. 
18.) 

c.  Upon  the  giving  of  such  bond  herein  provided  and 
after  a  prima  facie  case  of  fraud,  mistake  or  error  is  shown 
by  affidavit  or  otherwise  the  court  shall  immediately  order 
the  ballots  of  the  precincts,  wards,  or  townships  in  which 
the  recount  is  demanded,  to  be  sent  to  the  court  in  Colum- 
bus, Ohio,  by  such  manner  as  such  court  may  designate, 
and  said  court  may  appoint  two  master  commissioners  to 
help  make  said  recount.  The  attorneys  representing  the 
contestant  and  the  attorney  general  representing  the  con- 
testee  may  be  present  at  all  hearings  on  such  recount.  Such 
commissioners  shall  receive  three  dollars  each  per  day,  and 
their  actual  traveling  expenses  when  approved  by  the  pre- 
siding  judge  of  said  court. 

d.  The  contestant  and  contestee  shall  each  be  entitled 
to  appoint  one  inspector  who  shall  be  allowed  to  witness 
the  recount. 

e.  The  result  of  the  recount  of  ballots  shall  be  re- 
ported to  the  court  together  with  all  the  disputed  ballots 
and  any  ballots  not  counted  for  any  reason,  within  three 
days  after  the  same  shall  have  been  completed.  The  court 
after  inspecting  and  passing  on  such  disputed  and  un- 
counted ballots  shall  add  such  thereof  as  shall  be  found  to 
be  legal,  to  the  number  of  legal  ballots  determined  by  the 
recount.  In  passing  on  such  disputed,  uncounted,  or  any 
other  ballots  cast,  if  it  be  shown  to  the  satisfaction  of  the 


Chap.    11  CONTESTS  OF  ELECTIONS.  167 

court  that  such  ballots  were  procured  by  fraud,  duress, 
bribery,  intimidation,  or  for  money  or  other  valuable  con- 
sideration, such  ballot  or  ballots  shall  be  rejected  as  illegal 
and  void. 

f.  If  the  recount,  as  finally  approved  by  the  court, 
shows  a  difference  from  the  result  of  the  count  by  the  elec- 
tion judges  and  clerks  of  said  precincts,  wards  or  town- 
ships, the  court  shall  make  and  enter  a  finding  setting  out  Finding  of  the 
whether  or  not  such  difference,  error  or  mistake,  was  will-  court;  costs  of 
ful,  or  the  result  of  fraud  or  any  gross  negligence  on  the 
part  of  said  judges  or  clerks,  or  either  of  them.  If  the 
court  find  that  such  difference,  error  or  mistake  was  the 
result  of  fraud,  gross  negligence  or  willfulness  on  the  part 
of  any  judge  or  judges,  or  clerk  or  clerks,  or  other  person 
or  persons,  said  court  shall,  after  reasonable  notice  to  such 
judge,  clerk  or  other  person  or  persons,  and  after  affording 
ifiim  or  them  an  opportunity  to  be  heard,  adjudge  the  costs 
of  such  recount  against  such  judge,  clerk  or  other  person 
or  persons,  and  he  or  they  shall  not  be  entitled  to  any  ex- 
emption against  such  judgment.  The  court  may,  at  its  dis- 
cretion, include  in  said  judgment  in  addition  to  the  costs 
aforesaid,  a  penalty  in  any  sum  not  to  exceed  $500,  which 
penalty,  when  collected,  shall  be  paid  into  the  common 
school  fund  of  the  state  of  Ohio. 

g.'    Any  person  who  tampers  with,  or  changes  the  bal-  J^'JgJn^i^g'bai- 
lots,  or  opens  the  receptacles  in  which  the  ballots  are  con-  iota;  penalty, 
tained  without  the  order  of  the  court,  shall  be  fined  not  less 
than  $500,  nor  more  than  $1,000,  and  be  imprisoned  in  the 
county  jail  not  less  than  six  months  nor  more  than  one  year. 
(106  V.  19.) 

Section  5169-4.    Whenever  any  question  is  submitted  Jfifjfo'^s  !°where 
to  the  voters  in  a  subdivision  of  the  state  either  in  a  county  "^"^Jg^J^aif^V' 
or  municipality,  or  township,  the  contest  shall  be  filed  in  the  Si^.^^ 
common  pleas  court  of  the  county  and  the  notice  of  contest 
and  other  papers  shall  be  filed  with  the  clerk  of  the  court 
of  common  pleas.    Such  clerk  shall  perform  the  duties  im- 
posed upon  the  secretary  of  state,  and  such  common  pleas 
court  shall  perform  the  duties  imposed  upon  the  court 
hearing  the  contest  as  set  forth  herein,  and  the  ballots  shall 
be  ordered  sent  to  the  court  at  the  county  seat  of  the  county 
in  which  the  contest  is  filed.    In  all  other  respects  the  pro- 
visions of  this  act  relating  to  honest  elections  in  a  state 
referendum  shall  apply  to  a  referendum  in  a  county  or  sub- 
division thereof.    (106  v.  20.) 

Section  5169-5.     If,  in  any  of  the  precincts  the  error  when  precinct 

,.V  ij.  I'i.*  ballots  Buall  be 

or  fraud,  or  other  irregularity  is  such  as  to  make  it  impos-  void  on  account 
sible  to  ascertain  the  correct' result,  the  ballots  from  such  ^l^''^^'  '^*"^' 
precinct  shall  be  thrown  out  and  considered  void. 

Section  5169-6.     The  vote  from  any  precinct  shall  not  P[«f/°„^Jt  \°i^ 

be  counted  when  it  is  proven  by  the  contestants  that  there  counted  when 

was  bribery  or  intimidation  of  the  electors  in  such  precinct  t''p%Je„^^''- 
and  the  court  finds  that  the  contestants  were  in  the  minority 


168 


CONTESTS  OP  ELECTIONS. 


Chap.  11 


Procedure  In 
cases  of  fraud. 
bribery,  etc.,  not 
Involving  re- 
count. 


Committees 
shall  name  two 
challengers  when 
questions  are 
submitted. 


How  number 
of  challengeiB 
determined. 


I'roclamatton 
and  certification 
of  result  of  the 
election;  preser- 
vation of  ballots. 


Blank  ballots 
shall  be  tallied 
and  certified. 


Failure  of  elec- 
tion officials  to 
perform  duty,  a 
misdemeanor. 


Attempting    to 
prevent  or 
hinder  Inspector 
or  challenger 
in    performance 
of  duty. 


in  such  precinct  and  were  not  in  any  way  implicated  in  the 
bribery  or  fraud  complained  of.     (106  v.  20.) 

Section  5169-7.  Whenever  there  has  been  fraud,  bri- 
bery or  intimidation  of  electors,  misconduct  on  the  part  of 
election  officials  or  irregularities,  or  other  proper  subject- 
matter  for  a  contest  of  an  election  by  a  state  referendum, 
not  involving  a  recount  of  the  ballots,  the  procedure  shall  be 
the  same  as  in  the  hearing  of  a  contest  for  a  recount,  as 
hereinbefore  set  forth,  with  the  exception  that  the  ballots 
shall  not  be  held  more  than  thirty  days,  as  now  provided 
bylaw.    (106  V.  20.) 

Section  5169-8.  In  all  state  referendum  elections 
where  questions  are  submitted,  the  committee  representing 
each  side  of  the  question  shall  have  the  right  to  name  two 
challengers  to  represent  their  side  of  the  question  in  the 
election  booth  on  election  day.  Such  challengers  shall  be 
named  and  appointed  by  the  same  method  as  provided  for 
naming  an  inspector  to  the  count  on  questions  involving  a 
state  referendum,  as  provided  in  section  5080-1,  104  session 
laws,  p.  124.  Only  one  challenger  at  a  time  for  each  side 
shall  be  allowed  to  remain  in  the  voting  booth.  In  de- 
termining the  number  of  challengers  permitted  under  this 
section,  the  limitation  provided  in  section  5080-1  of  the 
General  Code  shall  apply  only  to  the  one  challenger  per- 
mitted to  be  in  the  voting  booth.    (106  v.  20.)  • 

Section  5169-9.  As  soon  as  the  ballots  are  counted, 
the  chairman  of  the  board  of  elections  in  each  precinct  shall 
in  his  proclamation  of  the  result  of  the  election  publicly 
proclaim  how  many  ballots  were  cast  that  were  blank  or  not 
marked,  and  shall  also  certify  to  the  same  in  manner  as  re- 
quired by  law  for  all  other  ballots  to  be  certified,  and  all 
blank  ballots  on  which  no  mark  is  made  on  any  question, 
or  questions  submitted,  shall  be  put  in  a  separate  envelope 
properly  labeled  and  placed  in  the  receptacle  with  the 
marked  ballots  to  be  held  for  thirty  days.    (106  v.  21.) 

Section  5169-10.  After  completing  the  counting  and 
enumeration  of  the  ballots,  and  proclaiming  and  issuing  the 
result,  as  heretofore  directed  by  law,  the  number  of  blank 
ballots  cast  upon  any  question  or  office  shall  be  set  down  in 
the  tally  sheets  and  poll  books  and  certified  in  the  same 
manner  as  required  by  law  for  any  other  ballot  or  ballots 
cast.    (106  V.  21.) 

Section  5169-11.  Whoever  violates  any  of  the  pro- 
visions of  sections  9  or  10  of  this  act  shall  be  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  shall  be  fined  not 
less  than  $100  nor  more  than  $500,  and  upon  conviction 
shall  forfeit  such  office.    (106  v.  21.) 

Section  5169-12.  Whoever  being  judge  or  clerk  of 
election  in  any  ward,  township  or  precinct,  or  any  other 
person  prevents  or  hinders,  or  attempts  to  prevent  or  hin- 
der, any  inspector  of  the  count  or  any  challenger  from 
performing  his  official  duty  under  the  provisions  of  this  act 
shall  be  guilty  of  a  misdemeanor.     (106  v.  21.) 


Chap.  11 


CONTESTS  OP  ELECTIONS. 


169 


Section  5169-13.  Whoever  being  a  judge,  clerk,  deputy 
sheriff,  special  deputy  sheriff,  or  other  election  officer,  while 
performing  the  duties  of  his  office  wears  any  badge,  sign,  or 
other  insignia  or  thing  indicating  his  preference  on  the 
question  submitted,  or  influences  or  attempts  to  influence 
any  voter  to  cast  his  ballot  for  or  against  any  question  or 
proposition  submitted  at  such  election  shall  be  guilty  of  a 
misdemeanor.     (106  v.  21.) 

Section  5169-14.  Whoever  being  a  judge  or  clerk  of 
election  in  any  ward,  precinct  or  township,  fails  to  give  to 
any  elector  any  ballot  which  such  elector  is  entitled  to  have 
and  vote,  or  deposits  in  the  ballot  box  any  ballot  other  than 
the  one  handed  to  him  by  the  voter  entitled  to  vote  the  same, 
or  counts  any  ballots  for  or  against  any  question  or  propo- 
sition other  than  as  it  is  voted,  or  so  counts  any  blank  bal- 
lot, shall  be  guilty  of  a  misdemeanor.    (106  v.  21.) 

Section  5169-15.  Whenever  the  committee  provided 
by  law  for  naming  inspectors  and  challengers  in  any  county 
files  with  the  sheriff  of  the  county  at  least  five  days  before 
the  election  a  signed  statement  that  they  have  good  reasons 
to  believe  that  there  will  be  bribery  of  electors  or  violation 
of  election  laws  in  certain  precincts,  wards  or  townships, 
of  the  county,  at  the  next  election,  such  sheriff  shall  ap- 
point the  persons  named  by  such  committee  as  special 
deputy  sheriffs  to  prevent  such  violation  of  the  law,  but 
he  shall  not  be  liable  on  his  bond  for  the  acts  of  such  spe- 
cial deputies.  The  sheriff  shall  name  the  persons  certified 
to  him  by  said  committee,  and  such  deputies  shall  have  the 
same  authority  to  make  arrests  and  serve  process  as  the 
sheriff  or  other  public  officer.  Such  deputies  shall  have 
the  same  authority  as  judges  of  elections  have,  as  provided 
for  in  section  4890  of  the  General  Code,  to  call  to  their 
aid  any  officer  of  the  peace  or  elector  to  aid  them  in  en- 
forcing the  law.  Each  deputy  shall  give  a  bond  in  the  sum 
of  $1,000  payable  to  the  state  of  Ohio  that  he  will  faith- 
fully perform  the  duties  placed  upon  him  to  enforce  the 
law,  for  an  honest  election.  The  compensation  for  such  of- 
ficers shall  be  paid  by  the  committee  naming  them,  and  not 
more  than  one  such  officer  shall  be  named  for  any  one  pre- 
cinct by  any  committee.     (106  v.  21.) 

Section  5169-16.  A  violation  of  any  of  the  provisions 
of  this  act  shall  constitute  a  prima  facie  case  of  fraud  with- 
in the  purview  of  this  act.     (106  v.  22.) 

Section  5169-17.  Any  person  convicted  of  a  misde- 
meanor under  sections  12,  13  or  14  of  this  act  shall  be  fined 
not  less  than  $100,  nor  more  than  $500,  and  shall,  at  the  dis- 
cretion of  the  court,  be  disqualified  to  hold  any  office  in 
connection  with  any  election  held  thereafter  in  the  state  of 
Ohio.    (106  V.  22.) 


Wearing   of 
badge,  sign,  etc. 
Indicating    pref- 
erence, by  elec- 
tion officials, 
prohibited. 


Judges  and 
clerks,    offenses 
of  relating  to 
ballots. 


Appointment   of 
special    deputies 
by  sheriff,   upon 
statement  and 
certification  of 
committees. 


Authority  of 
deputies. 


Violation,  prima 
facie  case  of 
fraud. 


Penalty:   fined 
and   disqualified 
from  holding 
office. 


CHAPTER  12. 
MEETING  OF  PRESIDENTIAL  ELECTORS. 


Section 

5170     Meeting  of  presidential  electors. 

5171.  Electors  shall  give  notice  to  governor  of 

their  presence. 

5172.  How   vacancies   in   the   offlce    of   elector 

filled. 


Section 

5173.  Tie    votes    determined    by    the    governor 

by  lot. 

5174.  Electors  shall  be  notified  by  the  gover- 

nor. 

5175.  Compensation   of   electors    and  how  paid. 


Meeting  of 
presidential 
electors. 


Electors  shall 
give  notice  to 
governor  of  their 
presence. 


How  vacancies 
in  the  ofBce  of 
elector  filled. 


Tie  votes  deter- 
mined by  the 
governor  by  lot. 


Electors  shall 
be  notified  by 
the  governor. 


Compensation 
of  electors  and 
how  paid. 


Section  5170.  At  twelve  o'clock  on  the  day  appointed 
by  the  congress  of  the  United  States,  the  electors  of  presi- 
dent and  vice  president  of  the  United  States,  shall  meet  at 
the  state  house  in  Columbus,  and  then  and  there  perform 
the  duties  enjoined  upon  them  by  the  constitution  and  the 
laws  of  the  United  States.     (R.  S.  Sec.  2971.) 

Section  5171.  Before  the  hour  of  twelve  o'clock  on 
the  day  next  preceding  the  day  fixed  by  the  law  of  congress 
to  elect  a  president  and  vice  president  of  the  United  States, 
each  elector  of  president  and  vice  president  shall  give  notice 
to  the  governor  that  he  is  present,  and  ready  at  the  proper 
time  to  perform  the  duties  of  an  elector.  Thereupon  the 
governor  shall  deliver  to  each  such  elector  a  certificate  of 
the  names  of  all  the  electors.     (R.  S.  Sec.  2972.) 

Section  5172.  If  any  of  the  electors  are  absent,  and 
fail  to  appear  before  nine  o  'clock  on  the  morning  of  the  day 
appointed  for  the  election,  the  electors  then  present  shall 
immediately  proceed  to  elect  by  ballot  in  the  presence  of 
the  governor,  persons  to  fill  the  vacancies  occurring  through 
such  non-attendance.  (R.  S.  Sec.  2973.) 

Section  5173.  If  two  or  more  persons  receive  an 
equal  and  the  greatest  number  of  votes  at  such  election,  the 
governor,  in  the  presence  of  the  electors  attending  shall  de- 
termine by  lot  which  of  such  persons  is  duly  elected,  other- 
wise he  or  they  having  the  greatest  number  of  votes  shall 
be  considered  elected  to  such  vacancies.     (R.  S.  Sec.  2974.) 

Section  5174.  The  electors  making  such  choice  shall 
forthwith  certify  to  the  governor  the  names  of  the  persons 
so  chosen,  and  the  governor  shall  cause  immediate  notice  in 
writing  to  be  given  to  each  of  them.  The  persons  so  chosen 
and  notified  and  not  the  persons  in  whose  place  they  have 
been  chosen,  shall  be  electors,  and  shall  meet  the  other  elec- 
tors at  the  time  and  place  appointed,  and  then  and  there 
discharge  all  the  duties  enjoined  on  them  as  electors  by  the 
constitution  and  laws  of  the  United  States  and  of  this  state. 
(R.  S.  Sec.  2975.) 

Section  5175.  Each  elector  shall  receive  three  dollars 
for  each  day's  attendance  at  Columbus  as  such,  and  mileage 
at  the  rate  of  ten  cents  per  mile  for  the  estimated  distance 
by  the  usual  route,  from  his  place  of  residence  to  Columbus. 
Such  compensation  and  mileage  shall  be  paid  by  the  state. 
(R.  S.  Sec.  2976.) 


(170) 


SPECIAL  ELECTIONS 

AND  SUBMISSION  OF  QUESTIONS 


GENERAL   PROVISIONS. 

PUBLICITY    PAMPHLETS   RELATIVE    TO 
INITIATIVE    AND    REFERENDUM. 

Section 

5018-1.  Title  and  text  of  each  proposed  law 
or  amendment  shall  be  printed  in 
pamphlet ;    explanation. 

5018-2.  Five  may  be  named  in  petition  to  pre- 
pare  explanation. 

5018-3.  When  president  of  senate  and  speaker 
of  house  may  name  committee  to  pre- 
pare   explanation. 

5018-4.  Cost  of  distribution  of  pamphlets ;  how 
paid. 

5018-5.  Mailing  copy  of  pamphlet  to  each 
yoter  in  state;  mailing  list. 

5018-6.  When  additional  copy  may  be  incor- 
porated in  pamphlet. 

5018-7.  Duties  of  mayors  and  clerks  of  munic- 
ipal corporations,  clerk  deputy  state 
supervisors  in  counties. 

5018-8.  To  what  political  subdivisions  act  ap- 
plies. 

5018-9.  When  explanations  upon  municipal  and 
county   measures  shall  be   filed. 

LIMITATION   AS    TO   NUMBER 
SALOONS. 

1261-39.  Limitation  as  to  number  of  saloons; 
petition  for  submission  of  question 
of  further  limitation ;  notice  of  elec- 
tion ;  form  of  ballot ;  rerulations  as 
to  petitions  for  limitation ;  contests ; 
hearing;  number  of  licenses  that 
shall  be  granted. 

RELEASE  OF  TREASURERS  AND 
SURETIES^ 

2303.  Treasurer    and    sureties    may    be    re- 

l6fl.S6(l 

2304.  What  finding  necessary. 

2305.  Appeal  from  finding. 

2306.  Trial  in  common  pleas  court. 

2307.  Question  may  be  submitted. 

2308.  Electors    may    demand    submission. 

2309.  Notice  of  election  shall  be  given. 

2310.  Form  of  ballot. 

2311.  Proceedings   on   result  of   election. 

GREATER    TAX   RATE. 

5649-5.  Proceedings  when  maximum  rate  Insuf- 
ficient. 

5649-5a.  Vote ;  notice  :  ballot. 

5649-5b.  Result ;  maximum  levy  fifteen  mills. 

1269-1.  Interest  and  sinking  fund  levies  exempt 
from   limitation. 

COUNTIES. 

EXPERIMENT  FARMS. 

1174.  Esrtablishment     of    county    experiment 

farms. 

1175.  Purposes   for  which   experiment   farms 

used. 

1176.  Petition    for    submission    of    question; 

notice. 

1177.  Form  of  ballot. 
1177-1.     Tax  levy. 


AGRICULTURAL  AGBNT. 

Section 

9921-5.  Electors  may  require  commiasionen  to 
make  provision  for  by  referendum ; 
submission  of  question;  form  of  bal- 
lot. 

COMBINING   PROBATE   AND   COMMON 
PLEAS   COURTS. 


1604-1. 


1604-2. 
1604-3. 


1604-4. 


1604-5. 
1604-6. 


Petition  for  submission  of  question  of 
combining  probate  and  common  pleas 
courts. 

How  petition  shall  be  signed;  verifica- 
tion ;    objections. 

Conduct  of  election ;  form  of  ballot ; 
returns  and  canvass. 

Establishment  of  probate  division ; 
error  and  appeals. 

Petition   for   re- establishment. 

Re-establlshment  on  increase  of  popu- 
lation. 

BUILDING   BONDS. 

2333.        Building  commission. 

5638.  Powers  of  county  commissioners  lim- 
ited. 

5639-1.  Submission  of  ouestlon  to  vote  after 
passage  of  resolution;  how  election 
conducted. 

5640-1.     Ballot. 

5641-1.     Certificate  of  result. 

5642-1.     Bonds  to  be  issued  and  tax  levled. 

5643.  Levy  for  repair  of  bridges. 

5644.  Bonds  In  anticipation  of  levy. 

NEW    COUNTIES. 

2377.  Duties  of   judges  of  elections. 

2378.  Poll  books  In  precincts  of  old  county. 

2379.  Poll  books  In  two  or  more  old  counties. 

2380.  Vote,  challenge  and  oath  of  electors. 

2381.  Returns,  how  made. 

2382.  Vote  on  separate  ballot. 

2383.  Penalty. 

2384.  How  fines  recovered. 

SOLDIERS'  MONUMENT. 

2451.  Bequests  may  be  received. 

2452.  Erection  of  monument. 

2453.  When  tax  may  be  levied. 

CENTENNIALS. 

2927.        County   celebration,    appropriation. 

BOARD   OF  PARK  COMMISSIONERS. 

2975-5.  Resolution ;  procedure  In  submission  of 
question. 

MEMORIAL '  BUILDINGS. 

Board  of  trustees. 
Organization,  vacancies. 

gpestlnn  to  be  submitted, 
ommissloners  authorized  to  levy  Ux  . 
appropriations  without  submission   to 
vote. 

CHILDREN'S  HOME. 

Establishment,  how  submitted. 
Duty  of  commissioners. 


3059. 
3060. 
3061. 
14848. 


3077. 
3078. 


(171) 


172 


SPECIAL  ELECTIONS. 


HOSPITALS. 
Section 

3127.  Special  election. 

3128.  Petition,  contents,  publication. 

3129.  Form  of  ballot. 


9263. 


9890. 


9895. 
9896. 
9897. 
9898. 
9899. 
9900. 
9901. 
9902. 
9903. 
9904. 
9905. 


PURCHASE  OF  TOLL  ROADS. 

When  commissioners  may  purchase. 

BONDS   FOR   AGRICULTURAL 
SOCIETIES. 

Submission   of   question. 
Conduct  of  election. 
Bonds. 

PURCHASE  OF  FAIR  GROUNDS. 

Commissioners    may    purchase. 
Question  of  tax  to  be  submitted. 
When  tax  paid  to  treasurer. 
When  real  estate  vests. 
Insurance  on   property. 
May  sell,  lease  or  purchase  sites. 
When  contracts  shall  be  carried  out. 
Payment  for  purchase  or  lease. 
Levy  for  payment  of  bonds. 
Submission  of  question. 
The  election. 


WATERWAY    OR    CANAL. 

2503-1.    Counties    may    give    aid    to    establish 

waterway. 
2503-2.     Petition  to  common  pleas  court  to  order 

election. 
2503-3.    Funds      contributed;      protection      of 

funds. 


TOWNSHIPS. 

ORIGINAL  SURVEYED  TOWNSHIP. 

Organization  and  incorporation. 
Application;  notice  of  election. 
Conduct  of  election. 

OFFICERS   OF  NEW   TOWNSHIPS. 

holding 


3181. 
3182. 
3183. 


3259. 
3260. 


Election  in  new  town.shlp. 
Trustees    shall    fix    place    of 
elections. 

SALE  OF  REAL  ESTATE. 

3281.        Donations   and  bequests,   sale 

HEARSE. 

3285.  Hearse  and  vault. 

3286.  Election  therefor. 

3287.  Bonds  In  anticipation. 

OIL    OR    GAS   WELL. 

3292.        Tax   for   drilling. 

BOND  ISSUE. 
3295.        Bonds  for  specific  purposes. 
ROAD    IMPROVEMENT. 


3298-9.  Submission  of  question  of  bond  Issue ; 
resolution;  notice. 

3298-10.  Form  of  ballot. 

3298-11.  Record  and  certification  of  result. 

3298-20.  Tax  levy  to  purchase  property  con- 
taining stone  and  gravel ;  submission 
of  question. 

HALLS. 

3395.  Town    hall.    cost,    election. 

3396.  Form  of  ballot,  levy,  bonds. 
3^,7.        Control  and  leasing  of  hall. 

3598.  PrtfpiMdlngs  when  site  cannot  be  pro- 
cured vy  contract. 


Section 

3399.  Village  and  township   may   unite. 

3400.  Proceedings  to  unite. 

3401.  Submission  of  question  to  vote. 

3402.  Two -thirds  vote  necessary. 

LIBRARIES. 

3403.  Submission  of  question. 

3404.  Form  of  ballot,   tax  and   levy. 

PARKS. 

3415.        Petition  to  establish. 

3417.  Report  as  to  site. 

3418.  .Notice    of   submission. 

3419.  Form  of  ballot. 

3422-1.     Proceedings    to    sell   park   property 

3423.  Levy  to  defray  expenses. 

3424.  Question  of  increase  levy. 

3427-2.     Empowered  to  mal<e  appropriation  and 
tax  levy ;  when  tax  levy  shall  be  sub 
mitted  to  electors, 

MEMORIAL    BUILDING. 

3410-1.     Township  and  memorial  building,  trus- 
tees. 
3410-2.     Vacancies  on  board. 
3410-3.     Election. 

CEMETERIES. 

3441.  May   acquire  lands. 

3444.  Levy   and   taxes. 

3445.  Vote  may  be  taken. 

3446.  Notice :   form  of  ballots. 

FOOT   BRIDGES. 

7562-1.     Trustees    empowered    to    construct    as 

means  of  access  to  schools. 
7562-2.     Submission  of  question  as  to  tax  levy. 
7562-3.     Election. 

MUNICIPALITIES. 


SURRENDER  OF  CORPORATE  POWER. 

3513.        How  vote  taken. 

MUNICIPAL    CHARTER    ACT. 

3515-1.  Petition  for  submission  of  question  of 
organizing  municipality  under  spe- 
cific  plan. 

2.  Petition  for  submission  of  question  of 

choosing  commission  to  frame  char- 
ter. 

3.  Form  of  ballot  In  submitting  question 

of  organizing  under  plan ;  mailing 
copies  of  plan  to  electors ;  filing  ar- 
guments  for   and   against. 

4.  Result  of  adoption. 

5.  Submission   of  supplementary   proposi- 

tions. 
3515-6.     Board  shall  file  certificate  of  result  of 
election. 

ARTICLE   II.      ELECTION   PROVISIONS. 

1.  Applicable  to  each  plan  of  government. 

2.  Nominations  and  elections. 

3.  How  ballot   shall  be  prepared;   print- 

ing in  series. 

4.  Who  declared  elected. 

ARTICLE  VTT.     INITIATIVE,  REFERENDUM  AND  RECALL 

1.  Initiative  and  referendum  applicable  to 

each   plan. 

2.  Removal   by   recall ;   procedure. 

INCORPORATION. 

3526.  Petition   to   trustees. 

3527.  Procedure  on   petition. 

3528.  Election  ;   form    of  ballot. 

3529.  When   result  is  affirmative. 

3530.  Transcript  and  record. 
3536.  Election  of  officers. 


SPECIAL  ELECTIONS. 


173 


ANNEXATION. 

Section 

3566.  Territory   shall  be  contiguous. 

3567.  Submission   of  question   to   rote. 

3568.  Ordinance,  what  to   prescribe. 

3569.  Duty  of  council. 

3570.  Terms  and  conditions. 

3571.  Report    of    commissioners;    contracts. 

INCORPORATION    FOR    POLICE    PRO- 
TECTION. 

3545.  What  territory  may;   election;   notice. 

3546.  Conduct  of  election. 

DETACHMENT    OF    TERRITORY. 

3577-1.  Petition  to  submit  question  of  detach- 
ment of  territory  ;  when  election  shall 
be  ordered;  form  of  ballot;  appor- 
tionment of  funds  and  indebtedness. 

BONDS  TO  CONSTRUCT  AND  EQUIP  ELEC- 
TRIC RAILWAYS  AND  TERMINALS  ON 
LEASED  LAND  AND  OTHER  PROPERTY. 

3697-1.  Power  to  issue  bonds  to  construct  and 
equip  electric  railways  and  terminals 
on  leased  canal   and   other  property. 

3697-2.     Limitation. 

3697-3.  Provisions  shall  not  be  made  for  issue 
of  bonds  until  approved  by  electors 
at  general  or  special  election. 

SALE   OR  LEASE   OF   LAND   TO  RAIL- 
WAY   COMPANY. 

3700.  Procedure  when  for  passenger  station. 

3701.  What  ordinance  shall  contain. 

3702.  Conduct  of  election. 

GRANT  OF  FRANCHISES. 

3772.  When  submitted   to   vote. 

3773.  Conduct  of  election. 

3774.  Notice  of  election;  ballot. 

ELEVATED  RAILROADS. 

9148.  Acceptance  or  rejection  of  grant. 

9149.  Submission    of   question. 

BONDS   FOR    GAS    WORKS. 

3933.  Bonds   for   improving   works. 

3934.  Submission  of  question. 

3935.  Conduct  of  the  election. 

3936.  Voting  precincts,  transfers. 

3937.  Notice  of  election. 

3938.  Results;  form  of  ballot. 

DEFICIENCY    BONDS. 

3931.        Limitation,  vote  of  electors. 
BOND  ISSUE. 

3942.  Vote  for  additional  bonds. 

3943.  Action  of  council. 

3944.  Duty  of  deputy  state  supervisors. 

3945.  Election. 

3946.  Notice. 

3947.  Two-thirds  vote  required. 

PARK  COMMISSION. 

4053.  Board  of  commissioners. 

4054.  Appointment,  terra,  vacancy. 

4064.  Bond  issue,  vote  for. 

4065.  Duty   of  council   after  vote   taken. 

RAPID  TRANSIT  COMMISSIONERS. 
4000-22.  Isarue  of  bonds ;  procedure ;  election. 
4000-27.  Power  to  lease  depots,  terminals,  etc. : 
submission  of  question. 


4180. 
4181. 


4227-1. 
4227-2. 


4227-3. 


HEARSE    OR    VAULT. 
Vote  of  electors  on  question. 
Form  of  ballot, 

INITIATIVE  AND   REFERENDUM. 

Initiative  and  referendum  In  munici- 
palities;  Initiative   petition. 

Measure  so  passed  not  subject  to  veto. 
Referendum  petition. 

To  what  ordinance  or  measure  act  ap- 
pl!*«. 


Section 

4227-4.  Petitions  may  be  presented  in  separate 
parts ;  signing,  affldavit :  ordinances 
not  void  because  of  insufficiency  of 
petition ;  how  number  of  petitioners 
determined. 

4227-5.  When  ordinance  or  measure  submitted 
#at  special  election. 

4227-6,  Copy  of  proposed  ordinance  or  measure 
filed  with  auditor  or  clerk. 

4227-7.     Words  which  shall  be  printed  in  red. 

4227-8.  Designating  committee  as  filing  peti- 
tion ;  when  ordinance  or  measure 
shall  not  be  submitted. 

4227-9.     Sworn  Itemized  statement  by  circulator. 

4227-10.  Practices  prohibited  In  circulating  I. 
and  R.   petitions. 

4227-11.  Practices  prohibited  in  signing  I.  and 
R.   petitions. 

4227-12.  Provisions  do  not  apply  to  municipality 
adopting  charter. 

SANITARY  PLANT. 

4467.  Term  defined. 

4468.  Plans  and  real  estate. 

4469.  Approval  of  state  board  of  health. 

4470.  Contract    for    removal    of    waste,    ex- 

pense. 

4471.  How  funds  raised. 

COUNCIL   OF  CITY  OF  CINCINNATI. 

14821-1.  Council    of    the    city    of    Cincinnati; 

powers    and    duties    and    salaries    of 

members. 
14821-2.  Geographical  districts. 
14821-3.  Submission    of   question    of   change    of 

council ;    form    of   ballot ;    notice    of 

election  not   required. 

CRIMINAL  COURT  OF  LORAIN. 

14740-13.  Establishment  of  criminal  court  In 
the  city   of   Lorain;  Jurisdiction. 

14740-20.  Qualification,  election  and  term  of 
Judge. 

MUNICIPAL  COlJRT  OF  CINCINNATI. 

1558-1.  The    municipal    court    of    Cincinnati. 

1558-2.  Judges  of  court  and  qualifications. 

1558-29.  Clerk,   election    and   salary. 

1558-50.  Election  of  Judges;  term, 

MUNICIPAL  COURT   OF   COLUMBUS. 

1558-46.  The  municipal  court   of  Columbus. 
1558-47.  Judges  and  qualifications. 
1558-50.  Election   of  judges;  term. 
1558-78.  Clerk,  election  and  salary. 

MUNICIPAL  COURT  OF  CLEVELAND. 

1579-2.     Judges    and   qualifications. 

1579-3.  Nomination  and  election  of  chief  Jus- 
tice. 

1579-5.     Nomination,  election,  term. 

1579-40.  Laws  governing  court  of  common  pleas 
applicable;  election  of  clerk;  com- 
pensation. 

MUNICIPAL  COURT  AT  DAYTON. 

1579-46.  The  municipal   court  of  Dayton. 

1579-47.  Judges  constituting  court  and  quali- 
fications. 

1579-48.  Election  of  additional  judges;  term. 

1579-49.  Salary  of  Judges;  election  and  salary 
of  chief  Justice. 

1579-74.  Clerk ;  election ;  term  and  salary. 

MUNICIPAL  COURT   OF   HAMILTON. 

1579-90.  The  municipal  court  of  the  city  of 
Hamilton,  Ohio. 

1579-91.  Municipal  Judge,  qualifications,  elec- 
tion, term,  salary. 

1579-114.  Clerk,  election  and  salary. 

MUNICIPAL  COURT  OF  YOUNGRTOWN. 

l.'>79-131.  Nomination   and   election. 


174 


SPECIAL  ELECTIONS. 


GENERAL  PROVISIONS. 

PUBLICITY   PAMPHLETS   RELATIVE    TO    INITIA- 
TIVE AND  REFERENDUM. 


Title  and  text 
of  each  proposed 
law  or  amend- 
ment ^all  be 
printed  in 
pamphlet;   ex- 
planation. 


Five  may  be 
named  in  peti- 
tion to  prepare 
explanation. 


When  president 
of  senate  and 
spealier  of  house 
may  name  com- 
mittee to  prepare 
explanation. 


When  fforeraor 
shall  nam* 
committe*. 


Cost  of  distribu- 
tion of  pam- 
phlets; how 
paid. 


Section  5018-1.  The  secretary  of  state,  at  least  thirty 
days  before  any  election  at  which  any  proposed  amendment 
to  the  constitution  or  proposed  law  is  to  be  submitted  to  the 
people,  shall  cause  to  be  printed  in  pamphlet  form  a  copy 
of  the  title  and  text  of  each  measure  to  be  submitted,  with 
the  form  in  which  the  ballot  title  thereof  will  be  printed  on 
the  official  ballot.  Such  pamphlet  shall  also  contain  an  ex- 
planation of  any  proposed  measure,  not  exceeding  a  total 
of  three  hundred  words  for  each,  to  be  filed  as  hereinafter 
provided.     (103  v.  831.) 

It  is  the  olHcial  duty  of  the  secretary  of  state  to  obey  this  section  which 
peremptorily  commands  the  secretary  of  state  to  cause  to  be  printed  an  argu- 
ment and  explanation,  or  both,  against  any  proposed  amendment  to  the  consti- 
tution and  to  mail,  or  otherwise  distribute  the  same,  together  with  a  copy  of 
such  proposed  amendment,  to  each  of  the  electors  of  the  state,  as  far  as  may  be 
reasonably  possible,  and  which  further  expressly  prorldea  that  this  with  other 
provisions  found  in  this  section  of  the  constitution  "shall  be  self-executing," 
although  neither  the  constitution  nor  the  laws  of  the  state  specilcally  provide 
in  detail,  the  manner  and  method  of  selecting  the  person  or  persons  who  shall 
prepare  and  file  such  argument  and  explanation.  State,  ex  rel.  v.  Hildebrant, 
98  O.  S.  1. 

Section  5018-2.  Five  persons  may  be  named  in  any 
petition  or  supplementary  petition  to  prepare  the  explana- 
tion of  the  measure  to  be  submitted ;  which  explanation  shall 
be  filed  with  the  secretary  of  state  not  later  than  sixty  days 
before  the  election  at  which  the  measure  is  to  be  voted 
upon.     (103  V.  831.) 

Section  5018-3.  When  any  valid  and  sufficient  petition 
or  supplementary  petition  shall  have  been  filed  with  the  sec- 
retary of  state  demanding  the  submission  of  any  measure 
to  a  vote  of  the  people,  and  the  general  assembly  is  in  ses- 
sion, the  speaker  of  the  house  shall  name  two  of  its  mem- 
bers, and  the  president  of  the  senate  shall  name  one  of  its 
members,  which  shall  constitute  a  committee  to  prepare  the 
explanation  of  the  measure  on  behalf  of  the  general  as- 
sembly. If  the  general  assembly  is  not  in  session  then  the 
governor  shall  name  a  committee  of  three  electors,  which 
committee  shall  serve  without  compensation  and  which  shall 
prepare  and  file  such  explanation  with  the  secretary  of  state 
not  later  than  sixty  days  before  the  election  at  which  the 
measure  is  to  be  voted  upon.     (103  v.  881.) 

Section  5018-4.  The  posting  and  other  cost  of  dis- 
tributing such  pamphlets  shall  be  paid  by  the  state.  The 
auditor  of  the  state  upon  receipt  of  a  voucher  signed  by,  the 
secretary  of  state  shall  draw  his  warrants  on  the  state  treas- 
urer for  such  amount  as  may  be  necessary  to  pay  for  such 
printing,  postage  and  cost  of  distribTition  at  each  election, 
and  the  same  shall  be  paid  from  the  general  fund  of  the 
state.     (106  v.  M2.) 


SPECIAL.  KLEOnONS.  176       { 

PUBLICITY  PAMPHLETS   RELATIVE  TO  INITIATIVE   AND  REFEEENDUM. 

Section  5018-5.     The  secretary  of  gtate  shall,  at  least  Maiuna  copy  of     - 

twenty  days  before  any  such  election,  transmit  one  copy  of  SJ5?'\JteJ°in         I 

such  pamphlet  to  every  voter  in  the  state  by  mail  with  post-  ^^^^  -  mau^«        • 

age  fully  prepaid.     If  the  secretary  of  state  shall,  at  or  j 

about  the  same  time  be  mailing  any  other  pamphlets  to  vot-  •                 i 

ers,  he  may,  if  practicable,  bind  the  matter  herein  provided  i 

for  and  enclose  any  and  all  pamphlets  under  one  cover.  For  1 

the  purpose  of  securing  a  mailing  list  of  voters  outiide  of  i 

cities  having  a  registration  of  voters,  the  secretary  of  state  i 

shall  prescribe  the  forms  of  books  to  be  used  by  all  local  } 

election  officials  in  keeping  a  record  of  the  postoffice  ad-  \ 

dress  of  all  voters  residing  outside  of  such  cities.       The  \ 

latest  available  registration  lists  shall  be  used  in  such  cities.  ] 

(103  V.  832.)  ■ 

Section  5018-6.    When  more  copy  is  offered  to  the  J^e^  a^di-^^       ^ 

secretary  of  state  than  herein  provided  for,  the  secretary  of  be^fncSJporSed      i 

state  shall  cause  such  additional  copy  to  be  incorporated  in  ^°  pa°»p»»ie*-          j 

the  pamphlet  provided  for  in  section  1  of  this  act,  if  the  par-  ^  \ 

ties  submitting  such  additional  copy  deposit  with  it  a  sum  *  j 

of  money  sufficient  to  pay  for  the  printing  thereof.    When  | 

any  constitutional  amendment  or  other  measure  has  been  ^ 

published  in  pamphlet  form  in  accordance  with  the  provi-  7^ 

sions  of  this  act,  the  same  shaU  be  in  lieu  of  any  other  ^ 
method  of  advertising  provided  by  law.    (103  v.  832.) 

Section  5018-7.     In  all  municipal  corporations  which  Duties  of  m&yoia 

have  not  or  may  not  provide  by  ordinance  or  charter  for  the  municipal  cor-       i 

manner  of  exercising  the  initiative  and  referendum  powers  K^^of^deputy      ' 

reserved  by  the  constitution  to  the  people  thereof,  as  to  their  state  superruors 

municipal  legislation,  the  duties  required  of  the  secretary  '°  <=°"°***'-           i 

of  state  by  this  act,  as  to  state  legislation,  shall  be  per-  i 

formed  as  to  such  municipal  legislation  by  the  clerk  of  the  ; 
municipality ;  the  duties  required  of  the  governor  shall  be 

performed  by  the  mayor  or  executive  body  as  to  such  mu-  ] 

nicipal  legislation,  and  in  all  counties  exercising  the  initia-  j 

tive  powers  now  or  hereafter  provided  by  law  the  duties  ] 

required  of  the  secretary  of  state  by  this  act  as  to  state  [ 

legislation  shall  be  performed  as  to  such  county  measures  ] 

by  the  clerk  of  the  board  of  deputy  state  supervisors  of  j 

elections ;  the  duties  required  of  the  governor  shall  be  per-  ; 

formed  by  the  prosecuting  attorney.     (103  v.  832.)  j 

Section  5018-8.     The  provisions  of  this  act  shall  apply  to  what  political    j 

in  every  municipality  in  all  matters  concerning  the  opera-  Ict'^ipSSfS!          ^ 

tion  of  the  initiative  and  referendum  in  its  municipal  legis-  ] 

lation,   unless  otherwise   provided  for  by  the  legislative  ^ 

authority  of  the  municipality  and  shall  likewise  apply  in  lo  \ 
far  as  possible  in  every  county  in  all  matters  concerning  the 

operation  of  the  initiative  and  referendum;  provided,  that  ] 

the  printing  and  distribution  of  the  pamphlet  of  measures  -i 

and  the  sample  ballot  of  measures  therewith  shall  not  be  ,^ 

dispensed  with  in  any  municipality  or  county.  ^  The  print-  ^ 

ing  and  binding  of  measures  in  municipal  legislation  and  i 

county  matters  shall  be  paid  by  the  municipality  or  county  i 
in  like  manner  as  payment  is  provided  for  by  the  state  ai 


176 


SPECIAL  ELECTIONS. 


PUBLICITY   PAMPHLETS   RELATIVE   TO  INITIATIVE  AND   REFERENDUM. 

to  state  legislation,  and  said  printing  shall  be  done  in  the 
same  manner  that  other  municipal  or  county  printing  is 
done ;  distribution  of  such  pamphlets  shall  be  made  to  every 
voter  in  the  municipality  or  county,  so  far  as  possible,  by 
the  clerk  of  such  municipality  or  county  commissioner,  as 
the  case  may  be,  either  by  mail  or  carrier,  not  less  than  ten 
days  before  the  election  at  which  the  measures  are  to  be 
voted  upon.     (103  v.  833.) 

When  expiana-  SECTION  5018-9.     Explanations    upon    municipal    or 

tions  upon  mu-  couuty  measurcs  shall  be  filed  with  such  clerk  not  less  than 
?(!unfy  melisures  sixty  days  bcforc  a  general  election  and  not  less  than  forty 
days  before  a  special  election  at  which  they  are  to  be  voted 
upon.  Arrangements  may  be  entered  into  between  the  sec- 
retary of  state  and  the  proper  local  officers  for  the  publica- 
tion in  one  pamphlet  of  copy  relating  to  both  state  and 
local  matters,  and  where  such  arrangement  is  deemed  advis- 
able, agreement  may  be  made  to  pro  rate  the  cost  of  pub- 
lication and  distribution  between  the  state  and  the  munici- 
pality or  county.     (103  v.  833.) 


shall  be  filed. 


RELEASE  OF  TREASURERS  AND  SURETIES. 


Treasurers  and 
sureties  may  be 
released. 


What  finding 
necessary  to 
release. 


Appeal  from 
finding. 


Section  2303.  When  a  loss  of  public  funds,  en- 
trusted to  a  county,  city,  village,  township,  or  school  district 
treasurer,  by  virtue  of  his  office,  heretofore  or  hereafter 
results  from  fire,  robbery,  burglary,  or  inability  of  a  bank  to 
refund  public  money  lawfully  in  its  possession  belonging  to 
such  public  funds,  the  county  commissioners,  township 
trustees,  a  city  or  village  council  or  a  board  of  education, 
respectively,  may  release  and  discharge  such  treasurer  and 
the  sureties  upon  his  official  bond,  from  all  liability  to  or 
demands  of  such  county,  township,  city,  village  or  school 
district,  for  loss  so  created  and  arising.     (99  v.  388  §  1.) 

Section  2304.  Before  such  release  and  discharge 
shall  be  effected,  the  board  of  county  commissioners,  town- 
ship trustees,  city  or  village  council  or  board  of  education 
shall  find  that  the  treasurer  was  entrusted  by  law  with  the 
care  of  such  public  funds,  and  that  the  loss  thereof  was  not 
occasioned  by  his  fault  or  negligence,  and  an  entry  of  such 
findings  shall  be  made  upon  the  record  book  of  the  proceed- 
ings of  such  council  or  board.     (99  v.  388  §  1.) 

Section  2305.  "Within  five  days  after  such  finding  of 
release  and  discharge  is  made,  a  taxpayer  of  such  county, 
township,  municipality  or  school  district,  may  appeal  there- 
from to  the  common  pleas  court  of  the  county.  Until  such 
appeal  is  finally  determined,  the  finding  and  other  proceed- 
ings shall  not  effect  a  release  and  discharge.  Notice  in  writ- 
ing of  intention  to  appeal  shall  be  filed  with  the  clerk  or 
auditor  of  the  board  or  council  making  the  findings  within 
five  days.  Within  thirty  days  after  such  finding,  a  tran- 
script thereof  and  of  the  other  proceedings  shall  be  filed  in 


SPECIAL  ELECTIONS. 


177 


RELEASE   OF   TREASURERS    AND    SURETIES. 

the  common  pleas  court  and  docketed  as  other  cases.     (99 

V.  388  §  1.) 

Section  2306.  The  common  pleas  court  shall  proceed  Trial  in  com- 
to  try  and  determine  the  question  whether  such  public  funds  ^^^  ^  ^*"  *^°"^' 
were  lost  by  the  fault  or  negligence  of  the  treasurer.  If  it 
be  found  that  the  funds  were  so  lost,  the  finding  of  the 
board  or  council  ordering  the  discharge  shall  be  vacated.  If 
it  be  found  that  the  funds  were  not  so  lost,  the  finding  shall 
remain  in  full  force  and  the  court  shall  cause  its  judgment 
to  be  certified  to  the  board  or  council  making  such  finding. 
(99  V.  388  §  1.) 

Section  2307.  If  the  finding  of  such  county  commis-  2S*^ubmm^*^ 
sioners,  township  trustees,  city  or  village  council  or  board  to  vote, 
of  education,  as  the  case  may  be,  has  been  made  and  entered 
on  the  record  book  of  its  proceedings,  such  board  or  coun- 
cil may,  at  the  next  ensuing  general  election  to  be  held 
in  the  county,  township,  city,  village  or  school  district, 
submit  to  the  qualified  electors  thereof,  the  question  whether 
such  treasurer  and  the  sureties  upon  his  official  bond  shall 
be  discharged  from  liability  on  account  of  such  loss  of 
funds.     (99  v.  388  §1.) 

Section  2308.  If  twenty-five  per  cent  of  the  quali-  fg^JJJJS*  g^J^. 
fied  electors  of  such  county,  township,  city,  village  or  school  8ion*to  rote. 
district,  petition  the  council  or  board  thereof  for  the  privi- 
lege of  determining  by  ballot  whether  such  treasurer  and 
the  sureties  on  his  ofiicial  bond  shall  be  released  and  dis- 
charged, such  council  or  board  shall  submit  the  question 
to  the  qualified  electors  of  the  county,  township,  city,  vil- 
lage or  school  district  as  herein  provided.     (99  v.  388  §  1.) 

Section  2309.  The  deputy  state  supervisors  of  elec-  g°^^Van*^b2' 
tions  of  the  county,  or  within  which  such  township,  city,  given, 
village  or  school  district  is  located,  shall  cause  notice  of 
the  submission  of  such  proposition  to  the  electors  thereof. 
For  the  release  of  a  county  or  city  treasurer  the  notice 
shall  be  by  publication  in  two  newspapers  of  opposite  poli- 
tics in  the  county  or  city,  for  at  least  thirty  days  next  prior 
to  the  date  upon  which  the  election  is  to  be  held.  For  the 
release  of  a  village  or  township  treasurer,  twenty  days' 
notice  of  the  election  shall  be  given  by  posting  notices 
thereof  in  five  public  places  within  such  village  or  township. 
For  the  release  of  a  school  treasurer,  ten  days'  notice  of 
such  election  shall  be  given  by  posting  notice  thereof  in  five 
public  places  in  the  school  district.    (98  v.  122  §  2.) 

Section  2310.     The  ballots  for  such  election  shall  have  Form  of  baiiot. 
printed  thereon  "Discharge   of  treasurer  and  sureties — 
yes."     "Discharge  of  treasurer  and  sureties— no. "     Such, 
ballot  shall  have  a  place  at  the  left  of  each  proposition  for 
the  voter  to  mark  according  to  law,  the  proposition  he 
favors.     (98  v.  122  §  3.) 


178 


SPECIAL  ELEGTIONS. 


Proceedings  on 
result  of  elec- 
tion. 


Proceedings 
when  maximum 
rate  Insufficient. 


Vote. 


Notice. 


RELEASE  OF  TREASURERS   AND   SURETIES. 

Section  2311.  If  a  majority  of  the  votes  cast  upon 
such  proposition  at  the  election  are  in  favor  of  the  dis- 
charge of  such  treasurer  and  his  sureties,  tke  county  oom- 
missioners,  township  trustees,  city  or  village  couneil  or 
board  of  education,  as  the  case  may  be,  shall  cause  the  re- 
sult of  the  election  to  be  entered  in  the  record  book  of  its 
proceedings  ordering  such  election,  and  thereupon  ikall 
release  and  discharge  such  treasurer  and  his  sureties  on 
his  official  bond  from  all  liability  on  account  of  such  loss. 
If  a  majority  of  the  votes  cast  are  against  the  discharge, 
the  result  of  the  election  shall  be  made  in  the  record  book 
of  proceedings  of  the  council  or  board,  and  no  further  ac- 
tion therein  shall  be  taken  by  such  council  or  board.  (98 
V.  122  §  4.) 

GREATER  TAX  RATE. 

Section  5649-5.  The  county  commissioners  of  any 
county,  the  council  of  any  municipal  corporation,  the  trus- 
tees of  any  township,  or  any  board  of  education  may,  at  any 
time,  by  a  majority  vote  of  all  the  members  elected  or  ap- 
pointed thereto,  declare  by  resolution  that  the  amount  of 
taxes  that  may  be  raised  by  the  levy  of  taxes  at  the  maxi- 
mum rate  authorized  by  sections  5649-2  and  5649-3  of  the 
General  Code  as  herein  enacted  within  its  taxing  district, 
will  be  insufficient  and  that  it  is  expedient  to  levy  taxes  at  a 
rate,  in  excess  of  such  rate  and  cause  a  copy  of  such  resolu- 
tion to  be  certified  to  the  deputy  state  supervisors  of  the 
proper  county.  Such  resolution  shall  specify  the  amount  of 
such  proposed  increase  of  rate  above  the  maximum  rate  of 
taxation  and  the  number  of  years  not  exceeding  five  during 
which  such  increased  rate  may  be  continued  to  be  levied. 
(102  V.  272.) 

Section  5649-5a.  Such  proposition  shall  be  submitted 
to  the  electors  of  such  taxing  district  at  the  November  elec- 
tion that  occurs  more  than  twenty  days  after  the  adoption 
of  such  resolution.  The  deputy  state  supervisors  shall  pre- 
pare the  ballots  and  make  the  necessary  arrangements  for 
the  submission  of  such  question  to  the  electors  of  such  tax- 
ing district,  and  the  election  shall  be  conducted,  canvassed 
and  certified  in  like  manner,  except  as  otherwise  provided 
by  law,  as  regular  elections  in  such  taxing  district  for  the 
election  of  officers  thereof.  Twenty  days'  notice  of  the 
election  shall  be  given  in  one  or  more  newspapers  printed 
in  the  taxing  district  once  a  week  for  four  consecutive 
weeks  prior  thereto,  stating  the  aiaount  of  the  additional 
rate  to  be  levied,  the  purpose  for  which  it  is  to  be  levied, 
and  the  number  of  years  during  which  such  increased  rate 
may  be  continued  to  be  levied,  and  the  time  and  place  of 
'holding  the  election.  If  no  newspaper  is  printed  therein, 
the  notice  shall  be  posted  in  a  conspicuous  place  and  pub- 
lished once  a  week  for  four  consecutive  weeks  in  a  news- 
paper of  general  circulation  in  such  taxing  district. 


SPBGIAL  KLEOnONSL 


179 


GREATEK  TAX  MATE. 

The  form  of  the  ballots  cast  at  such  election  shall  be :   ^^^^^^ 

'*For  an  additional  levy  of  taxes  for  the  purpose  of 

not  exceeding mills,  for  not  to 

exceed years,  Yes." 

'*For  an  additional  levy  of  taxes  for  the  purpose  of 

not  exceeding milli,  for  not  to 

exceed years.  No.'*     (102  v.  272.) 

Section  5649-5b.  If  a  majority  of  the  electors  voting  Result, 
thereon  at  such  election  vote  in  favor  thereof,  it  shall  be 
lawful  to  levy  taxes  within  such  taxing  district  at  a  rate 
not  to  exceed  such  increased  rate  for  and  during  the  period 
provided  for  in  such  resolution,  but  in  no  case  shall  the 
combined  maximum  rate  for  all  taxes  levied  in  any  year 
in  any  county,  city,  village,  school  district,  or  other  taxing 
district,  under  the  proviiions  of  this  and  the  two  preceding 
sections  and  sections  5649-1,  5649-2  and  5649-3  of  the  Gen- 
eral Code  as  herein  enacted,  exceed  fifteen  mills.  (103  v. 
57.) 

Section  1259-1.  Interest  and  sinking  fund  levies  on  interest  and 
account  of  bonds  issued  under  section  1259  of  the  General  fJ??J?^ex2apt 
Code  after  June  1,  1915,  in  compliance  with  orders  of  the  [fom  iimiu- 
state  board  of  health  issued  and  approved  prior  to  June  1, 
1915,  shall  be  exempt  from  all  the  limitations  on  tax  levies 
provided  by  sections  5649-2  and  5649-3a  of  the  General 
Code.  Such  levies  shall  also  be  exempt  from  the  limita- 
tions provided  by  section  5649-5b  of  the  General  Code,  if 
the  question  of  making  such  additional  levy  shall  be  sub- 
mitted to  the  electors  of  the  municipality  issuing,  or  pro- 
ceeding to  issue,  such  bonds  in  the  manner  provided  in  sec- 
tions 5649-5  and  5649-5a  of  the  General  Code,  and  the  same 
is  approved  by  a  majority  of  the  electors  voting  on  such 
question ;  and  the  proper  legislative  authorities  of  any  such 
municipal  corporation  are  hereby  authorized  to  submit  such 
question  in  the  manner  provided  in  said  sections  of  the 
General  Code. 

The  number  of  years  for  which  such  levy  AaH  be  Years  for  which 
authorized  shall  not  be  required  to  be  printed  on  tlie  ballot,  !,o7  re'Sir^ 
and  the  approval  of  the  electors  shall  constitute  saificient  °"  *'^''^*- 
authority  for  the  making  of  such  additional  levy  nnmially, 
during  the  time  for  which  the  bonds  are  to  run,  or  until  the 
same  are  redeemed,  or  the  redemption  thereof  with  interest 
is  fully  provided  for.     (106  v.  461.) 


ROADS— EXEMPTION  OF  2  MILL  LEVY  PROM 
LIMITATIONS. 


Section  6926-1.     The   county   commissioners   of   any  submission  of 

county  may,  and  upon  the  petition  of  qualified  electors  of  2mSon  of  ^ 

the  county  in  a  number  equal  to  at  least  five  per  cent  of  the  mm  Jf^y  ijj« 

number  of  votes  cast  therein  at  the  last  preceding  general  wiftm  aiJa  bow.' 


180  SPECIAL  ELECTIONS. 

election  of  state  and  county  officers,  shall  by  resolution 
submit  to  the  electors  of  such  county  at  the  first  ensuing 
November  election  that  occurs  more  than  forty  days  after 
the  adoption  of  such  resolution,  the  question  of  exejnpting 
from  all  tax  limitations  the  levy  of  two  mills  provided  by 
section  6926  of  the  General  Code  for  the  purpose  of  paying 
the  county's  proportion  of  the  compensation,  damages, 
costs  and  expenses  of  constructing,  reconstructing,  main- 
taining and  repairing  county  roads,  or  the  question  of  so 
exempting  a  part  of  such  levy,  such  exemption  to  continue 
for  a  definite  term  of  years  not  exceeding  ten.  When  such 
question  is  submitted  upon  the  petition  of  electors,  such 
petition  shall  state  the  portion  of  the  levy  to  be  so  exempted 
and  the  number  of  years  during  which  such  exemption 
shall  continue,  and  these  matters  set  forth  in  the  petition 
shall  also  be  set  forth  in  like  manner  in  the  resolution 
adopted  by  the  county  commissioners  pursuant  thereto. 
Where  such  question  is  submitted  by  the  commissioners 
without  the  filing  of  a  petition  by  electors,  such  resolution 
shall  state  the  portion  of  the  levy  to  be  so  exempted  and 
the  number  of  years  during  which  such  exemption  shall 
continue.  The  petition  and  resolution,  or  the  resolution 
where  the  commissioners  act  without  a  petition  being  pre- 
sented, may  also  state  the  part  of  such  levy  so  to  be  ex- 
empted to  be  used  for  constructing  and  improving  c6unty 
roads  and  the  part  of  such  levy  so  to  be  exempted  to  be  used 
for  maintaining  and  repairing  county  roads,  in  which  event 
the  proceeds  of  any  such  levy  exempted  by  vote  of  the 
electors  of  the  county  shall  be  expended  in  accordance  with 
such  division.  The  board  of  county  commissioners,  upon 
the  adoption  of  such  resolution  by  a  majority  vote  of  all 
the  members  elected  or  appointed  thereto,  shall  cause  a  copy 
of  such  resolution  to  be  certified  to  the  deputy  state  super- 
visors and  inspectors  or  the  deputy  state  supervisors  of 
elections  of  the  proper  county. 
Preparation  of  SECTION  6926-2.     Such  proposition  shall  be  submitted 

Sion."^^^*'®*^  *^  ^^®  electors  of  such  county  at  the  first  ensuing  Novem- 
ber election  that  occurs  more  than  forty  days  after  the 
adoption  of  such  resolution.  The  deputy  state  supervisors 
and  inspectors  or  deputy  state  supervisors  shall  prepare  the 
ballots  and  make  the  necessary  arrangements  for  the  sub- 
mission of  such  question  to  the  electors  of  such  county,  and 
the  election  shall  be  governed  in  all  respects  by  the  general 
election  laws  of  the  state  and  shall  be  conducted,  canvassed 
and  certified  in  like  manner  except  as  otherwise  provided 
by  law  as  regular  elections  in  such  county  for  the  election 
of  officers  thereof.  The  county  commissioners  shall  cause 
to  be  published  for  two  weeks  in  two  newspapers  of  general 
circulation  and  of  the  two  dominant  political  parties  pub- 
lished in  the  county  if  there  be  any  such  papers  published 
in  such  county,  but  if  there  be  no  such  papers  published  in 
such  county,  then  in  two  newspapers  having  general  circu- 
lation theuein,  notice  of  such  election,  which  notice  shall 
state  the  portion  of  such  levy  to  be  exempted  from  all  tax 


SPECIAL  ELECTIONS — COUNTIES. 


181 


limitations,  the  number  of  years  during  which  such  ex- 
emption is  to  continue  in  force,  the  division  of  such  levy 
between  construction  and  improvement  purposes  and  main- 
tenance and  repair  purposes,  if  any,  and  the  time  and  place 
of  holding  the  election. 

The  form  of  the  ballots  cast  at  such  election  shall  be: 

''For  an  additional  levy  of  taxes  for  the  purpose  of 
constructing,    reconstructing,    maintaining    and    repairing 

county  roads  not  exceeding mills,  for  not  to  exceed 

years.     Yes. ' ' 

"For  an  additional  levy  of  taxes  for  the  purpose  of 
constructing,    reconstructing,    maintaining    and    repairing 

county  roads  not  exceeding mills,  for  not  to  exceed 

years.     No. ' ' 

Section  6926-3.  The  ballots  shall  be  marked  as  is  pro- 
vided by  law  with  reference  to  other  ballots  and  the  result 
of  such  election  shall  be  certified  by  the  deputy  state  super- 
visors and  inspectors  or  the  deputy  state  supervisors  of 
elections  to  the  county  commissioners  of  such  county.  If 
a  majority  of  the  electors  voting  thereon  at  such  election 
vote  in  favor  of  such  levy  or  levies,  it  shall  be  lawful  to  levy 
taxes  within  such  county  at  a  rate  not  to  exceed  such  in- 
creased rate  for  and  during  the  period  provided  for  in  such 
resolution,  such  taxes  to  be  in  addition  to  such  other  taxes 
for  the  same  purposes  as  may  be  levied  subject  to  any  lim- 
itation prescribed  by  law  upon  the  combined  maximum 
rate  for  all  taxes,  and  the  taxes  so  levied  pursuant  to  such 
vote  of  the  electors  shall*  be  in  addition  to  all  other  levies 
made  for  any  purpose  or  purposes  and  the  same  shall  not 
be  construed  as  limited,  restricted  or  decreased  in  amount 
or  otherwise  by  any  existing  law  or  laws. 


Form  of  ballot 


Result  certified 
to  deputy  state 
supervUors. 


Effect  of  affirma- 
tive vote. 


COUNTY. 
EXPERIMENT  FARMS. 

Section  1174.     In  order  to  demonstrate  the  practical  county  commis- 
application  under  local  conditions  of  the  results  of  the  in-  Ir^Ui  e^^ 
vestigations  of  the  Ohio  agricultural  experiment  station,  and  ment^Sm." 
for  the  purpose  of  increasing  the  effectiveness  of  the  agri- 
culture of  the  various  counties  of  the  state,  the  commis- 
sioners of  any  county  in  the  state  are  hereby  authorized  and 
empowered  to  establish  an  experiment  farm  within  such 
county  as  hereinafter  provided  for.     (106  v.  123.) 

Section  1175.  The  county  experiment  farms  estab- 
lished under  this  act  shall  be  used  for  the  comparison  of 
varieties  and  methods  of  culture  of  field  crops,  fruits  and 
garden  vegetables;  for  the  exemplification  of  methods  for 
controlling  insect  pests,  weeds  and  plant  diseases;  for  ex- 
periments in  the  feeding  of  domestic  animals  and  in  the 
control  of  animal  diseases ;  for  illustrations  of  the  culture 
of  forest  trees  and  the  management  of  farm  woodlots ;  and 
for  the  demonstration  of  the  effects  of  drainage,  crop  rota- 
tion, manures  and  fertilizers,  or  for  such  part  of  the  above 


Uses  of  county 

experiment 

farma. 


182 


SPBCIAL  MLBOnONS — oounthjs. 


Submission  of 
question  of  es- 
tablishment of 
experiment 
farm;  petition. 


Publication 
•f  notice. 


Beauett  for  bal- 
lots, form  of 
ballot  and  cer- 
tifleatlon  of 
result. 


Tax  levy;  max- 
imum lery. 


lines  of  work  as  it  may  be  practicable  to  carry  on.  (106 
V.  124.) 

Section  1176.  Upon  the  filing  of  a  petition  with  the 
county  auditor  signed  by  not  less  than  five  per  cent  of  the 
electors  based  upon  the  vote  for  governor  at  the  last  preced- 
ing election,  residing  within  the  county,  the  commissioners 
of  such  county  shall  submit  to  the  qualified  voters  of  such 
county  a  proposition  to  establish  an  experiment  farm  within 
such  county,  and  to  issue  notes  or  bonds  for  the  purchase 
and  equipment  of  such  farm,  such  proposition  to  be  voted 
upon  at  the  next  general  election  following  the  receipt  of 
the  petition  by  the  commissioners.  Notice  of  the  intention 
to  submit  such  proposition  shall  be  published  by  the  county 
commissioners  in  two  newspapers  of  opposite  politics 
printed  and  of  general  circulation  in  said  county,  for  at 
least  four  weeks  prior  to  the  election  at  which  the  proposi- 
tion is  to  be  voted  upon,  together  with  a  statement  of  the 
maximum  amount  of  money  which  it  is  proposed  to  expend 
in  the  purchase  and  equipment  of  such  farm.    (106  v.  124.) 

Section  1177.  The  county  auditor  shall  file  a  written 
request  with  the  board  of  deputy  supervisors  of  elections 
asking  for  the  preparation  of  the  necessary  ballots,  which 
ballots  shall  be  separate  and  apart  from  all  other  ballots, 
and  which  ballots  shall  have  printed  thereon  **Tax  for 
experiment  farm — ^YES'';  *'Tax  for  experiment  farm — 
NO.''  The  result  of  such  election  shall  be  ascertained  by 
the  board  of  deputy  supervisors  of  elections  and  the  result 
thereof  certified  to  the  county  auditor.    (106  v.  124.) 

Section  1177-1.  If  a  majority  of  the  electors  voting  on 
such  proposition  in  the  county  are  in  favor  of  establishing 
such  experiment  farm,  then  the  commissioners  of  the  county 
shall  levy  a  tax  on  all  the  taxable  property  in  such  county 
as  listed  for  taxation  on  the  county  duplicate,  which  levy 
shall  not  exceed  one-fifth  of  one  mill  on  the  dollar  of  the 
taxable  property  of  the  county  in  any  one  year,  nor  shall 
the  aggregate  of  all  levies  for  such  purposes  exceed  two 
mills  on  the  dollar.    (106  v.  124.) 


AGBICULTUEAL  AGENT. 


Electors  may 
require  commis- 
sioners to  maks 
prorislon  for 
atrent  by   refer- 
endum :  sutails- 
sion  of  question ; 
form  of  ballot. 


Section  9921-5.  If  the  county  commissioners  of  any 
county  shall  not  make  provision  for  an  agricultural  agent 
as  authorized  in  this  act,  they  may  be  directed  and  required 
to  make  such  provision  by  the  qualified  electors  of  the 
county  on  a  referendum  vote.  The  question  of  employing 
such  agent  shall  be  submitted,  upon  the  filing  of  a  petition 
with  the  county  auditor,  signed  by  not  less  than  five  per 
cent  of  the  qualified  electors  resident  in  such  county.  Upon 
the  receipt  of  such  petition  it  shall  be  the  duty  of  the  board 
of  county  commissioners  to  submit  the  question  at  the  first 
general  election  held  after  the  meeting  of  the  board  at 
which  the  petitions  were  presented^  or  at  a  special  election 
caUfeH  for  th'at  purpose.    The  question  sRall  Be  submitted 


SPECIAL  ELBOTIONS — 0OUNTIX8. 


183 


on  a  separate  ballot  printed  in  the  following  form :  *  *  County 
agricultural  agent,  YES;'*  County  agricultural  agent, 
NO."  Ballots  shall  be  deposited  in  a  separate  ballot  box. 
They  shall  be  prepared  and  distributed  by  the  same  officers 
as  are  required  by  law  to  prepare  and  distribute  ballots  for 
county  elections,  and  the  canvass  and  return  of  the  vote 
shall  be  the  same  as  is  provided  by  law  for  the  canvass  and 
return  of  the  vote  upon  county  officers.  If  it  shall  appear 
that  a  majority  of  the  electors  voting  upon  the  question  are 
in  favor  of  the  employment  of  a  county  agricultural  agent, 
then  the  county  commissioners  shall  proceed  at  once  to  make 
appropriations  for  the  employment  of  such  agent  under 
the  provisions  of  this  act. 

After  having  established  this  county  agent  work  in  any 
county,  the  county  commissioners  of  such  county  shall  con- 
tinue to  make  such  annual  appropriations  for  said  work  as 
the  trustees  of  the  Ohio  state  university  may  direct,  not  ex- 
ceeding fifteen  hundred  dollars  annually,  for  a  period  of 
five  years.    (106  v.  358.) 


COIMBINING  PROBATE  AND  COMMON  PLEAS 
COURTS. 


Section  1604-1.     Whenever  ten  per  centum  of  the  Petition  for  w^- 
number  of  electors  voting  for  governor  at  the  next  preced-  tion  of  combin- 
ing election  in  any  county  having  less  than  sixty  thousand  common^'pfea"** 
population,  as  determined  by  the  next  preceding  federal  courts.    , 
census,  shall  petition  a  judge  of  the  court  of  common  pleas 
of  any  such  county  not  less  than  ninety  days  before  any 
general  election  for  county  officers,  for  the  submission  to 
the  electors  of  such  county  the  question  of  combining  the 
probate  court  with  the  court  of  common  pleas  of  such 
county,  such  judge  shall  place  upon  the  journal  of  said 
court  an  order  requiring  the  sheriff  to  make  proclamation 
that  at  the  next  ensuing  general  election  there  shall  be  sub- 
mitted to  the  electors  of  such  county  the  question  of  com- 
bining the  probate  court  with  the  court  of  common  pleas  of 
such  county.     The  clerk  of  courts  shall,  thereupon,  make 
and  deliver  a  certified  copy  of  such  order  to  the  sheriff,  and 
the  sheriff  shall  include  notice  of  the  submission  of  such 
question  in  his  proclamation  of  election  for  the  next  ensuing 
general  election.     (103  v.  960.) 

Section  1604-2.  Each  elector  joining  in  a  petition  for  how  petition 
the  submission  of  said  question  shall  sign  the  same  in  his  yeriflcatioi^'** ' 
own  handwriting  (unless  he  cannot  write  and  his  signature 
is  made  by  mark)  and  shall  add  thereto  the  township,  pre- 
cinct or  ward  of  which  he  is  a  resident.  Such  petition  need 
not  consist  of  but  one  paper,  but  may  consist  of  as  many 
parts  as  may  be  found  convenient.  One  of  the  signers  to 
each  separate  paper  shall  swear  before  some  officer  qualified 
to  administer  the  oath  that  the  petition  is  bona  fide  to  the 
best  of  his  knowledge  and  belief,  and  such  oath  shall  be  a 
part  of  or  attached  to  such  paper.    The  judge  upon  receipt 


194 


SPECIAL  ELECTIONS — COUNTIES. 


Objections. 


Conduct  of  elec- 
tion; form  of 
ballot. 


of  such  petition  shall  deposit  the  same  with  the  clerk  of 
courts. 

No  signature  shall  be  taken  from  or  added  to  such 
petition  after  the  same  has  been  filed  with  the  judge.  "When 
so  deposited  such  petition  shall  be  preserved  and  be  open 
under  proper  regulations  to  public  inspection,  and  if  it  is 
in  conformity  with  law,  it  shall  be  deemed  to  be  valid,  un- 
less objection  thereto  is  duly  made  in  writing  by  an  elector 
of  the  county  within  five  days  after  the  filing  thereof.  Such 
objections,  or  any  other  questions  arising  in  the  course  of 
the  submission  of  the  question  of  combining  said  courts, 
shall  be  considered  and  determined  by  the  judge  of  the 
court  of  common  pleas,  and  his  decision  shall  be  final.  (103 
V.  961.) 

Section  1604-3.  The  election  upon  the  question  of 
combining  said  courts  shall  be  conducted  in  all  respects  as 
provided  by  law  for  the  election  of  county  officers,  so  far  as 
said  law  may  be  applicable. 

The  board  of  deputy  state  supervisors  of  elections  shall 
provide  separate  ballots,  ballot  boxes,  tally  sheets,  blanks, 
stationery,  and  all  such  other  supplies  as  may  be  necessary 
in  the  conduct  of  such  election. 

Such  ballots  shall  be  printed  with  the  affirmative  and 
negative  statement  thereon,  to  wit : 


The  Probate  Court  and  the  Court  of  Common 
Pleas  shall  be  combined. 


The  Probate  Court  and  the  Court  of  Common 
Pleas  shall  not  be  combined. 


Returns  and 
canvasB. 


Establishment 
of  probate 
division. 


Returns  of  said  election  shall  be  made  and  said  returns 
shall  be  canvassed  at  the  same  time  and  in  the  same  man- 
ner as  an  election  for  county  officers,  and  the  board  of  said 
deputy  state  supervisors  of  elections  shall  certify  the  result 
of  said  election  to  the  secretary  of  state,  to  the  probate 
judge  of  said  county  and  to  the  judge  of  the  court  of  com- 
mon pleas,  and  the  same  shall  be  spread  upon  the  journal 
of  the  prolDate  court  and  of  the  court  of  common  pleas. 

If  a  majority  of  the  votes  cast  at  such  an  election  shall 
be  in  favor  of  combining  said  courts,  such  courts  shall 
stand  combined  and  consolidated  at  the  expiration  of  the 
term  for  which  the  probate  judge  has  been  elected  in  the 
county  wherein  such  election  has  been  held.     (103  v.  961.) 

Section  1604-4.  When  the  probate  court  and  the  court 
of  common  pleas  have  been  combined  there  shall  be  estab- 
lished in  the  court  of  common  pleas  a  probate  division  and 
all  matters  whereof  the  probate  court  has  jurisdiction  by 
law  shall  be  filed  in  and  separately  docketed  in  said  pro- 


SPECIAL  ELECTIONS — COUNTIES. 


185 


bate  division,  and  the  resident  judge  of  the  court  of  com- 
mon pleas,  shall  appoint  the  necessary  deputies,  clerks  and 
assistants  to  have  charge  and  perform  the  work  incident  to 
the  probate  division.  The  salaries  of  such  deputies,  clerks 
and  assistants  to  be  regulated  by  section  2980-1  of  the  Gen- 
eral Code.  Error  may  be  prosecuted  or  appeals  taken  from 
said  probate  division  to  the  court  of  appeals  in  all  cases 
where  the  same  lie  to  the  court  of  common  pleas  in  counties 
where  such  courts  have  not  been  combined.    (103  v.  962.) 

Section  1604-5.  At  any  time  after  three  years  from 
the  date  of  an  election  held  under  the  provisions  of  this  act, 
but  not  before,  another  election  may  be  petitioned  for  and 
shall  be  ordered  by  the  judge  of  the  court  of  common  pleas 
as  provided  for  in  this  act,  either  to  perfect  a  combination 
of  said  court,  or  to  dissolve  said  combination  and  to  re- 
establish the  probate  court.     (103  v.  962.) 

Section  6.  Whenever  in  any  county  where  such  courts 
have  been  combined  a  decennial  federal  census  shows  that 
such  county  has  a  population  of  60,000  or  more,  and  such 
fact  is  certified  by  the  secretary  of  state  to  said  court  of 
common  pleas  and  entered  upon  its  journal,  the  probate 
court  shall  be  re-established  in  such  county,  and  a  probate 
judge  shall  be  elected  for  the  regular  term  at  the  next  en- 
suing election  in  an  even  numbered  year,  and  the  records 
of  the  probate  division  of  the  court  of  common  pleas  shall 
be  delivered  to  such  re-established  probate  court  upon  the 
entry  into  office  of  an  elected  probate  judge.     (103  v.  962.) 


Error  and 
appeals. 


Petition   for  v- 
establUhment. 


Re-establishment 
on    increase    of 
population. 


BUILDING  BONDS. 


Section  2333.  When  county  commissioners  have  de- 
termined to  erect  a  court  house  or  other  county  building  at 
a  cost  to  exceed  twenty-five  thousand  dollars,  they  shall 
submit  the  question  of  issuing  bonds  of  the  county  therefor 
to  vote  of  the  electors  thereof.  If  determined  in  the  affirm- 
ative, within  thirty  days  thereafter,  the  county  commission- 
ers shall  apply  to  the  judge  of  a  court  of  common  pleas  of 
the  county  who  shall  appoint  four  suitable  and  competent 
freehold  electors  of  the  county,  who  shall  in  connection  with 
the  county  commissioners  constitute  a  building  commission 
and  serve  until  its  completion.  Not  more  than  two  of  such 
appointees  shall  be  of  the  same  political  party.  (98  v.  53 
§  1.)     ***** 

Section  5638.  The  county  commissioners  shall  not 
levy  a  tax,  appropriate  money  or  issue  bonds  for  the  pur- 
pose of  building  county  buildings,  purchasing  sites  there- 
for, or  for  land  for  infirmary  purposes,  the  expenses  of 
which  will  exceed  $15,000.00,  except  in  case  of  casualty, 
and  as  hereinafter  provided;  or  for  building  a  county 
bridge,  the  expense  of  which  will  exceed  $18,000.00,  except 
in  case  of  casualty,  and  as  hereinafter  provided ;  or  enlarge, 
repair,  improve,  or  rebuild  a  public  county  buildinjf,  the 


Bulldine 
commission. 


Powers  of 
county  commis- 
sioners 
limited. 


186 


SPECIAL  ELECTIONS — COUNTIES. 
BUILDING  BONDS. 


Submission  of 
question  to  vote 
after  passage  of 
resolution. 


How  election 
conducted : 
notice  by 
publication. 


Ballot. 


More  than  one 
question  may  be 
submitted. 


Certificate  of 
result. 


Bonds  to   be 
issued  and  tax 
l«vled. 


entire  cost  of  which  expenditure  will  exceed  $10,000.00; 
without  first  submitting  to  the  voters  of  the  county,  the' 
question  as  to  the  policy  of  making  such  expenditure.  (102 
V.  447.) 

Section  5639.  When  the  board  of  county  commis- 
sioners desires  to  submit  such  question  to  the  voters  of  the 
county,  it  shall  pass  and  enter  upon  its  minutes  a  resolution 
declaring  the  necessity  of  such  expenditure,  fixing  the 
amount  of  bonds  to  be  issued,  if  any,  in  connection  there- 
with, and  fixing  the  date  upon  which  the  question  of  mak- 
ing any  such  expenditure  shall  be  so  submitted,  and  shall 
cause  a  copy  of  such  resloutions  to  be  certified  to  the  deputy 
state  supervisors  of  elections  of  the  county ;  and  thereupon 
the  deputy  state  supervisors  shall  prepare  the  ballot  and 
make  other  necessary  arrangements  for  the  submission  of 
the  question  to  the  voters  of  the  county  at  the  time  fixed  in 
such  resolution. 

The  election  shall  be  held  at  the  regular  places  for 
voting  in  such  county  and  shall  be  conducted,  canvassed, 
and  certified  in  the  same  manner,  except  as  otherwise  pro- 
vided by  law,  as  for  the  election  of  county  officers.  The 
county  commissioners  shall  give  fifteen  days'  notice  of  the 
submission  of  any  such  question  by  publication  in  at  least 
two  newspapers  of  opposite  politics  having  a  general  circu- 
lation in  said  county,  which  notice  shall  be  published  once 
a  week  for  two  consecutive  weeks,  and  shall  state  the  amount 
of  such  proposed  expenditure,  the  amount  of  the  bonds,  if 
any,  to  be  issued  in  connection  therewith,  the  purpose  for 
which  such  expenditure  is  to  be  made,  and  the  time  of  hold- 
ing such  election.    (106  v.  16.) 

Section  5640-1.  The  ballots  provided  by  the  deputy 
state  supervisors  shall  have  printed  upon  the  same  the 

words, ' '  In  favor  of  the  expenditure  of  $ for  the 

purpose  of "  and  **  Against  the  expenditure 

of  $ for  the  purpose  of ," 

said  blanks  to  be  filled  with  the  amount  proposed  to  be 
expended  and  the  purpose  for  which  said  money  is  to  be 
expended.  If  the  board  of  county  commissioners  desire  to 
submit  upon  the  same  ballot  more  than  one  question  as 
to  the  expenditure  of  money  for  any  of  the  purposes  re- 
ferred to  in  section  5638,  the  same  may  be  done  by  proper 
resolution  and  notice,  and  by  separately  stating  upon  said 
ballot  each  proposition,  as  above  provided.    (102  v.  448.) 

Section  5641-1.  When  the  result  of  such  election  has 
been  ascertained,  the  deputy  state  supervisors  shall  certify 
the  same  to  the  auditor  of  said  county  and  he  shall  enter 
the  same  upon  the  records  of  the  board  of  county  commis- 
sioners.    (102  V.  448.) 

^  Section  5642-1.  If  a  majority  of  the  votes  so  cast  are 
against  the  proposed  expenditure  the  board  of  county  com- 
missioners shall  not  assess  a  tax  or  issue  honda  therefor. 


SPBCUL  KLEOTIdNS— 0OUNTH».  187 

BUILDING  BONDS. 

If  a  majority  of  the  votes  cast  are  in  favor  of  the  proposed 
expenditure,  the  board  of  county  commisiioners  ihall  pro- 
ceed to  issue  bonds  im  any  sum  not  excMding  the  amount 
stated  upon  said  ballots,  the  proceeds  of  whick  shall  be 
used  exclusively  for  the  purpose  stated  upon  said  ballot, 
and  said  board  shall  levy  such  amount  of  tax  as  may  be 
necessary  to  pay  the  interest  accruing  on  said  bonds  and 
to  redeem  them  at  maturity.    (102  v.  448.) 

Section  5643.  If  an  important  bridge,  belonging  to  or  gJi^JJ'^JJj  le^, 
maintained  by  any  county,  becomes  dangerous  to  public  for  repair  of. 
travel,  by  decay  or  otherwise  and  is  condemned  for  public 
travel  by  the  commissioners  of  such  county,  and  the  repairs 
thereof,  or  the  building  of  a  new  bridge  in  place  thereof, 
is  deemed,  by  them,  necessary  for  the  public  accommoda- 
tion, the  commissioners,  without  first  submitting  the  ques- 
tion to  the  voters  of  the  county,  may  levy  a  tax  for  either 
of  such  purposes  in  an  amount  not  to  exceed  in  any  one 
year  two-tenths  of  one  mill  for  every  dollar  of  taxable 
property  upon  the  tax  duplicate  of  said  county.  (R.  S. 
Sec.  2825.) 

Section  5644.  If  the  county  commissioners  deem  it  May  anticipate 
necessary  or  advisable,  they  may  anticipate  the  collection  ionds*^  *""** 
of  such  special  tax  by  borrowing  a  sum  not  exceeding  the 
amount  so  levied,  at  a  rate  of  interest  not  exceeding  six  per 
cent,  per  annum,  payable  semi-annmally,  and  may  issue 
notes  or  bonds  therefor,  payable  when  said  tax  is  collected, 
or  the  commissioners,  without  such  submission  of  the  ques- 
tion, may  proceed  under  the  authority  conferred  by  law  to 
borrow  such  sums  of  money  as  is  necessary  for  either  of 
the  purposes  before  mentioned,  and  issue  bonds  therefor. 
For  the  payment  of  the  principal  and  interest  on  such 
bonds,  they  shall  annually  levy  a  tax  as  provided  by  law. 
(R.  S.  Sec.  2825.) 

COUNTY  BUILDINGS. 

Section  2433.  When,  in  their  opinion,  it  is  necessary,  Purchaae  of  site 
the  commissioners  may  purchase  a  site  for  a  court  house,  or  etc.^°" 
jail,  or  land  for  an  infirmary  or  a  detention  home,  public 
market  place,  or  market  house,  or  additional  land  for  an 
infirmary  or  county  children's  home  at  such  price  and  upon 
such  terms  of  payment,  as  are  agreed  upon  between  them 
and  the  owner  or  owners  of  the  property.  The  title  to  such 
real  estate  shall  be  conveyed  in  fee  simple  to  the  county. 

Section  2434.  For  the  execution  of  the  objects  stated  f^u^»»^^t„y  i^  ^'■- 
in  the  preceding  section,  or  for  the  purpose  of  erecting  or 
acquiring  a  building  in  memory  of  Ohio  soldiers,  or  for  a 
court  house,  county  offices,  jail,  county  infirmary,  detention 
home,  public  market  house,  or  additional  land  for  an  in- 
firmary or  county  children's  home  or  other  necessary  build- 
ings or  bridges,  or  for  the  purpose  of  enlarging,  repairing, 
improving,  or  rebuilding  thereof,  or  for  the  relief  or  support 


row  money. 


18S 


SPECIAL  ELECTIONS — COUNTIES. 


Purchase  of  land 
for  certain  pur- 
poses. 


Submiaslon  of 
question:  tax 
leyy. 


COUNTY  BUILDINGS. 

of  the  poor,  the  eommissioners  may  borrow  such  sum  or  sums 
of  money  as  they  deem  necessary,  at  a  rate  of  interest  not 
to  exceed  six  per  cent  per  annum,  and  issue  the  bonds  of 
the  county  to  secure  the  payment  of  the  principal  and  in- 
terest thereof. 

Provided,  that  if  the  judge  designated  to  transact  the 
business  arising  under  the  jurisdiction  provided  for  in  sec- 
tion 1639  of  the  General  Code  of  the  state  of  Ohio,  shall  ad- 
vise and  recommend  in  writing  to  the  county  commissioners 
of  any  county  the  purchase  of  land  for  and  the  erection  of 
a  place  to  be  known  as  a  detention  home,  or  additional  land 
for  an  infirmary  or  county  children's  home,  the  commis- 
sioners without  first  submitting  the  question  to  the  vote  of 
the  county  may  levy  a  tax  for  either  or  both  of  such  pur- 
poses in  an  amount  not  to  exceed  in  any  one  year  two-tenths 
of  one  mill  for  every  dollar  of  taxable  property  on  the  tax 
duplicate  of  said  county.     (Pt.  I,  108-627.) 


Dutleg  of  }udffM 
of  elections. 


PoU  books  in 
precincts  before 
beloDKlns  to  old 
county. 


Poll  books  in 
precincts  of  two 
or  more  old 
counties. 


NEW  COUNTIES. 

Section  2377.  The  judges  of  state  and  county  elec- 
tions in  such  new  counties,  shall  be  governed  in  all  their 
duties  by  the  general  laws  governing  elections,  so  far  as 
they  are  consistent  herewith.    (R.  S.  Sec.  821.) 

Section  2378.  The  judges  and  clerks  of  elections  in 
the  several  townships  or  election  precincts,  composed  in 
whole  of  territory  that  originally  belonged  to  any  one  of 
the  counties  out  of  which  such  new  county  is  created,  shall 
cause  to  be  kept  two  separate  poll  books  and  tally  sheets  for 
senator  and  representative,  in  the  same  manner  that  the 
general  poll  book  and  tally  sheets  are  required  by  law  to  be 
kept,  one  of  which  shall  be  deposited  with  the  township 
clerk,  and  the  other  shall  be  certified,  sealed  up,  and  di- 
rected, in  the  same  manner  as  required  by  law  for  the 
return  of  the  general  poll  book,  and  conveyed  within  three 
days  next  after  the  election,  by  one  of  the  judges  thereof, 
to  the  deputy  state  supervisors  of  elections  of  the  county  to 
which  the  territory  before  and  at  the  time  of  the  creation 
of  such  new  county  belonged.     (R.  S.  Sec.  822.) 

Section  2379.  The  judges  and  clerks  of  elections  of 
such  townships  or  election  precincts  as  are  composed  of 
territory  that  originally  belonged  to  two  or  more  of  the 
counties  out  of  which  such  new  county  is  created,  shall 
cause  to  be  kept  two  separate  poll  books  and  tally  sheets 
for  senator  and  representative,  for  each  portion  of  territory 
that  originally  belonged  to  different  counties,  in  the  same 
manner  that  the  general  poll  books  and  tally  sheets  are 
required  by  law  to  be  kept,  one  of  which  shall  he  deposited 
with  the  clerk  of  the  township,  and  the  other  shall  be  cer- 
tified, sealed  up,  and  directed,  in  the  same  manner  as  re- 
quired by  law  for  the  return  of  the  general  poll  book,  and 
conveyed  within  three  days  after  the  election  by  one  or 


SPECIAL  ELECTIONS — COUNTIES.  1S9         ; 

more  of  the  judges  thereof,  to  the  deputy  state  supervisor!  : 

of  elections  of  the  county  to  which  the  territory  before  and  ; 

at  the  time  of  the  creation  of  such  new  county  belonged.  I 

(B.  S.  Sec.  823.)  \ 

Section  2380.  The  electors  residing  in  any  such  town-  andT'oath^or**'  ^ 
ship  or  election  precinct  may  vote  for  senator  and  repre-  electors, 
sentative  at  the  usual  place  of  holding  elections  in  such  j 
township  or  election  precinct.  Before  they  receive  a  ballot  [ 
for  senator  and  representative,  the  judges  of  elections  of  • 
any  such  township  or  election  precinct  shall  put  the  nec- 
essary question  to  the  elector  proposing  to  vote,  so  as  to  ; 
fix  his  residence.  If  the  elector  is  challenged  for  non-  ) 
residence  in  any  particular  portion  of  the  township  or  ' 
election  precinct,  the  judges  shall  swear  the  elector  to  the  j 
facts,  in  the  same  manner  as  for  any  cause  of  challenge.  ' 
(R.  S.  Sec.  824.)  ! 

Section  2381.     The  deputy  state  supervisors  of  elec-  Returns;  how         ■ 

tions  shall  receive  the  returns  of  the  election  for  senator  ™nd^c«rtmeJL**'         j 

and  representative,  and  be  governed  thereby  in  the  same  j 

manner  as  if  the  law  creating  such  new  county  had  not  ■ 

been  passed.    In  making  out  the  returns  of  such  election,  i 

they  shall  receive  and  count  the  vote  so  returned,  and  cer-  •                   ] 
tify  accordingly,  and  in  all  respects  be  governed  by  the 

general  laws  in  regard  thereto,  so  far  as  they  may  be  con-  ■ 

sistent  herewith,  and  as  if  the  votes  were  polled  in  their  i 

respective  counties.    The  deputy  state  supervisors  of  elec-  ■ 

tions  shall  give  a  certificate  to  the  returning  officer  for  his  ; 

fees,  the  same  as  for  like  services,  to  the  auditor  of  their  ] 
respective  counties,  and  the  auditor  shall  issue  a  warrant 

on  the  treasurer  of  the  county  therefor.     (R.  S.  Sec.  826.)  ^ 

Section  2382.     All  votes  for  senator  and  representa-  J^^'f^  °JaiiSt'           1 

tives  in  any  such  new  county,  shall  during  such  decennial  \ 

period,  be  on  a  separate  ballot.     (R.  S.  Sec.  827.)  i 

Section  2383.     An  officer  who  neglects  or  refuses  to  unquenc/^of***        •; 

perform  a  duty  charged  under  provisions  of  this  chapter  <^"*y-                    j 
relating  to  funds  and  representation  shall  forfeit  and  pay  a 

sum  not  exceeding  one  hundred  and  fifty  dollars,  at  the  j 
discretion  of  the  court.     (R.  S.  Sec.  828.) 

Section  2384.     All   forfeitures  imposed  by   the  pre-  recorer"^*               ' 

ceding  section  shall  be  recovered,  with  costs  of  suit,  in  a  " 

civil  action  in  the  name  of  the  state  for  the.  use  of  the  \ 

county.     (R.  S.  Sec.  829.)  ; 


SOLDIERS'  MONUMENT. 

May  r©«eiTe  b«- 
niicsts   for 

Section  2451.     The  commissioners  of  a  county  may   monument, 
receive  bequests,  donations  and  gifts  for  the  purpose  of 
erecting  within  such  county  a  monument  in  memory  of 
those  who  died  or  were  killed  during  the  war  of  eighteen 
hundred  and  sixty-one.     (R.  S.  Sec.  891.) 


190 


SFmaiAh  ELECTIONS — OOUNTOBS. 


EiMcUon  of 
monument. 


When  tax  may 
be  levied. 


SOLDIERS'  MONUMENT. 

Section  2452.  When,  in  the  opinion  of  the  commis-i 
sioners,  the  bequests,  donations,  or  gifts  received  by  them- 
are  suificient  therefor,  they  may  erect  such  monument.  (R.J 
S.  Sec.  892.)  : 

Section  2453.  If  a  sufficient  amount  for  such  pur-; 
pose  is  not  raised  by  donation*,  bequetts  or  gifts,  the  com-; 
missioners  may  submit  to  the  qualified  voters  of  th«  countyi 
at  a  general  election  the  question  whether  a  tax  not  to  ex-' 
ceed  one-half  mill  on  the  dollar  shall  be  levied  upon  the? 
taxable  property  of  the  county  for  such  purpose.  Public^ 
notice  by  advertisement  in  one  or  more  newspapers  of  gen-i 
eral  circulation  in  the  county  shall  be  given  at  least  thirty] 
days  previous  to  such  election,  specifying  the  amount  to  bei 
raised  by  such  levy.  If  it  appears  that  a  majority  of  all  the] 
votes  cast  were  in  favor  thereof,  the  commissioners  shall- 
proceed  without  delay  to  make  such  levy  and  erect  a  monu-i 
ment.    (R.  S.  Sec.  893.)  3 


MEMORIAL  BUILDING.  i 

QueiUom  to  be  SECTION  3061.     Immediately    upon    the    appointment: 

if^SwSr^OT^**  and  organization  of  such  board  of  trustees,  they  shall  cer-| 
special  election,  tify  to  the  deputy  state  supervisors  of  elections  of  thel 
county,  the  fact  of  their  appointment  and  organization,  andS 
direct  the  submission  to  popular  vote  at  the  next  regulai^ 
election,  or  at  a  special  election  called  by  such  deputy  statej 
supervisors  of  elections  for  that  purpose,  of  the  question  of; 
the  issue  of  bonds  in  the  amount  so  named  in  the  originalj 
resolution,  and  of  the  erection  and  maintenance  of  th^ 
memorial  building  contemplated.  Such  deputy  state  super-' 
visors  shall  submit  the  question  to  popular  vote  at  the  next! 
regular  election,  or  such  special  election,  with  such  forms  of! 
ballot  as  the  deputy  state  supervisors  prcderibe,  and  shall- 
certify  the  result  of  such  election  to  the  board  of  trustees.^ 
If  a  majority  of  the  votes  cast  upon  the  quc«tion  is  in  favoi^ 
of  the  issuance  of  such  bonds  and  the  construction  and; 
maintenance  of  such  memorial  building,  the  board  of  trus-i 
tees  shall  proceed  as  hereinafter  authorized.  (Pt.  I,i 
108-70.)  i 

CENTENNIALS.  i 


"County   cen- 
tennial  celebra- 
tion" appropria- 
tion. 


Section  2927.  The  county  commissioners  may  appro-- 
priate  from  the  county  fund  any  sum  not  to  exceed  twenty-; 
five  hundred  dollars  towards  defraying  the  expense  of  ai 
county  centennial  celebration,  but  the  appropriation  o^ 
any  sum  exceeding  twenty-five  hundred  dollars  and  not  to^ 
exceed  fifteen  thousand  five  hundred  dollars  shall  be  upoi^ 
ratification  thereof  by  a  majority  of  votes  cast  at  the  NoH 
vember  election.  At  such  election  the  question  of  such| 
ratification  shall  be  submitted  to  the  proper  board  or  au-: 
thority  in  the  usual  method  or  form  of  submitting  questions! 


SPECIAL  ELECTIONS — COUNTIES.  191 

OBNTINNIALS. 

for  submission  to  the  voters  of  a  county.    The  ballot  there- 
for shall  contain  the  following : 

''For  the  county  centennial  celebration  of Yes.'* 

''For  the  county  centennial  celebration  of No." 

At  such  election  each  township  may  select  by  ballot, 
in  a  separate  box  provided  therefor,  two  managers  who 
shall  be  those  receiving  the  largest  number  of  votes  therefor. 
(101  V.  288.) 

BOARD  OF  PAEK  COMMISSIONERS. 

Section  2976-5.     When  the  board  of  park  commis-  Bewiutio«d«- 
sioners  desires  to  raise  money  by  the  issuance  of  bonds,  it  of*^xSe^lEI!?J^^ 
shall  pass  and  enter  upon  its  minutes  a  resolution  declaring  before  issuance 
the  necessity  of  such  expenditure  and  that  the  same  would  °'  ^°°*^*' 
be  conducive  to  the  public  health,  convenience  and  welfare 
and  fixing  the  amount  of  bonds  it  desires  to  be  issued,  and 
shall  cause  a  copy  of  such  resolution  to  be  certified  to  the 
board  of  county  commissioners  of  the  county;  and  there- 
upon the  board  of  county  commissioners  shall,  by  ballot,  de- 
cide whether  or  not  such  bond  issue  shall  be  submitted  to 
the  people.    If  a  majority  of  the  board  of  county  commis-   procedure  m 
sioners  are  in  favor  of  submitting  the  proposed  bond  issue  submiMion  of 
for  park  purposes  to  the  voters  of  the  county,  the  county  boSSfTwue.' 
commissioners  shall  take  the  necessary  steps  for  the  submis- 
sion of  said  proposed  bond  issue,  as  provided  in  sections 
5639-1,  5640-1,  5641-1,  5642-1  of  the  General  Code ;  pro- 
vided, however,  that  no  issue  of  bonds  for  park  purposes 
shall  be  made  without  first  submitting  the  question  of  such 
issue  to  the  voters  of  the  connty. 

MEMORIAL  BUILDINGS. 

Section  3059.  When  the  commissioners  of  a  county  Board  of 
by  resolution  passed  by  a  majority  vote  certify  to  the  gov-  trustees, 
ernor  that  in  their  opinion  it  is  desirable  to  erect,  furnish 
and  maintain  a  memorial  building  to  commemorate  the 
services  of  the  soldiers,  sailors,  marines  and  pioneers  of  the 
county  and  to  expend  for  such  purposes  an  amount  to  be 
named  by  them  not  to  exceed  two  hundred  and  fifty  thou- 
sand dollars  in  any  one  instance,  the  governor  shall  appoint 
a  board  of  trustees  composed  of  five  citizens  of  such  county, 
not  more  than  three  of  whom  shall  belong  to  the  same 
political  party,  to  be  known  as  the  "Memorial  Association  y 

of county,  Ohio. ' '    Any  member  of  the 

board  of  trustees  may  be  removed  by  the  governor  for 
misconduct  in  office  or  neglect  of  duty.     (95  v.  41  §§  1,  9.) 

Section  3060.  Such  trustees  shall  receive  no  com-  orKanization, 
pensation  but  shall  be  entitled  to  be  repaid  their  necessary 
expenses  from  the  fund  hereinafter  provided.  Vacancies 
in  the  office  of  trustees  shall  be  filled  in  the  same  manner 
as  the  original  appointment.  The  trustees  shall  elect  from 
their  number  a  chairman  and  secretary,  shall  hold  regular 


vacancies. 


192 


SPECJIAL  ELECTIONS — COUNTIES. 


Question  to 
be    submitted 
to  vote. 


County  eommis- 
sioners  author- 
i^ied  to  submit 
question  of  tax 
levy  for  soldiers' 
monument. 


Appropriation 
without  submis- 
sion   to    vote. 


MEMORIAL  BUILDINGS. 

meetings  at  such  times  and  places  as  they  agree  upon  and 
special  meetings  under  such  regulations  as  they  prescribe, 
and  cause  to  be  kept  a  full  record  of  their  proceedings. 
(95  V.  42  §  2.) 

Seciion  3061.  Immediately  upon  the  appointment  and 
organization  of  such  board  of  trustees,  they  shajl  certify  to 
the  deputy  state  supervisors  of  elections  of  the  county,  the 
fact  of  their  appointment  and  organization,  and  direct  the 
submission  to  popular  vote  at  the  next  regular  county  elec- 
tion of  the  question  of  the  issue  of  bonds  in  the  amount 
so  named  in  the  original  resolution,  and  of  the  erection  and 
maintenance  of  the  memorial  building  contemplated.  Such 
deputy  state  supervisors  shall  submit  the  question  to  popu- 
lar vote  at  the  next  regular  county  election  with  such  forms 
of  ballot  as  the  deputy  state  supervisors  prescribe,  and 
shall  certify  the  result  of  the  election  to  the  board  of  trus- 
tees. If  a  majority  of  the  votes  cast  upon  the  question  is 
in  favor  of  the  issuance  of  such  bonds  and  the  constructioii 
and  maintenance  of  such  memorial  building,  the  board  of 
trustees  shall  proceed  as  hereinafter  authorized.  (95~  v. 
75  §  3.) 

Section  14848.  The  commissioners  of  any  county  in 
this  state  be  and  they  are  hereby  authorized  to  submit  to  a 
vote  of  the  people  of  said  county,  at  any  general  election 
for  state  and  county  officers,  the  question  whether  or  not  a 
tax  of  not  more  than  one-half  mill  upon  each  dollar  shall  be 
levied  upon  all  property  upon  the  tax  duplicate  of  said 
county  to  raise  a  fund  wherewith  to  erect  a  monument  or 
other  suitable  memorial  structure  to  perpetuate  the  memory 
of  soldiers  from  said  county  who  served  in  the  union  army 
during  the  late  rebellion.  Providing,  however,  that  in  order 
to  improve  or  maintain  county  property  the  commissioners 
of  any  county  may  appropriate  from  the  general  fund  of 
the  county,  and  without  submitting  the  same  to  a  vote  of 
the  people,  any  amount,  or  amounts  not  to  exceed  fifteen 
hundred  dollars,  for  the  purpose  of  erecting  or  assisting 
in  the  erection  upon  county  property  of  such  memorial  for 
the  soldiers  and  sailors  or  for  the  repairing  of  any  such 
memorial  already  erected.    (106  v.  190.) 


Establishment 
of   children's 
home  submitted 
to  vote. 


CHILDREN'S  HOME. 

Section  3077.  When  in  their  opinion  the  interests  of 
the  public  so  demand,  the  commissioners  of  a  county  may, 
or  upon  the  written  petition  of  two  hundred  or  more  tax- 
payers, shall,  at  the  next  regular  election  submit  to  the 
qualified  electors  of  such  county,  or  of  the  counties  forming 
a  district,  the  question  of  establishing  a  children's  home 
for  such  county  or  district,  and  the  issue  of  county  bonds 
or  notes  to  provide  funds  therefor.  Notice  of  such  elec- 
tion shall  be  published  for  at  least  two  weeks  prior  to  taking 
such  vote,  in  two  or  more  newspapers  printed  and  of  gen- 
eral eireulation  in  such  county  or  in  the  counties  of  the  dis- 


SPECIAL  ELECTIONS — COUNTIES. 


193 


trict,  and  shall  state  the  maximum  amount  of  money  to  be 
expended  in  establishing  such  home.     (R.  S.  Sec.  929.) 

Section  3078.  If  at  such  election  a  majority  of  elec-  Duty  of  commis- 
tors  voting  on  the  proposition  are  in  favor  of  establishing  flTorilie.  ^"^^ '' 
sucli  home,  the  commissioners  of  the  county,  or  of  any  ad- 
joining counties  in  such  district,  having  so  voted  in  favor 
thereof,  shall  provide  for  the  purchase  of  a  suitable  site 
and  the  erection  of  the  necessary  buildings  and  provide 
means  by  taxation  for  such  purchase,  and  the  support 
thereof.  Such  institution  shall  be  styled  the  children's 
home  for  such  county  or  district.    (R.  S.  Sec.  929.) 


HOSPITALS. 


Section  3127.  When  two  hundred  or  more  taxpayers 
of  a  county  petition  the  county  commissioners  for  the  privi- 
lege of  having  submitted  to  a  vote  of  the  electors  of  such 
county  the  issue  of  county  bonds  or  notes  to  provide  funds 
for  the  purchase  of  a  site  and  the  erection  thereon  of  a 
county  hospital  or  hospital  buildings  and  the  support 
thereof,  such  commissioners  shall  order  a  special  election  to 
be  held  not  less  than  forty  nor  more  than  sixty  days  from 
the  filing  of  such  petition  with  such  board  of  county  com- 
missioners. Such  election  shall  be  to  determine  the  question 
of  issuing  bonds  or  notes  for  the  county  hospital,  to  pur- 
chase the  site  therefor,  erect  the  buildings  thereon  and  to 
maintain  them.  The  election  shall  be  held  at  the  usual 
places  in  the  county  for  electing  county  officers  and  notice 
shall  be  given  and  the  election  conducted  in  the  same  man- 
ner as  nearly  as  practicable  as  the  election  of  county  officers. 
(99  V.  486  §  1.) 

Section  3128.  The  petitions  thus  filed  with  the  county 
commissioners  shall  stipulate  the  maximum  amount  of 
money  to  be  expended  in  purchasing  or  building  such  hos- 
pital, and  it  shall  be  published  with  notices  of  the  election 
in  at  least  two  newspapers  of  opposite  politics  of  general 
circulation  in  the  county,  at  least  one  time,  twenty  or  more 
days  prior  to  the  election.      (Pt.  I,  108-255.) 

And  when  a  majority  of  the  taxpayers  signing  the  pe- 
titions submitted  to  the  county  commissioners  under  the 
preceding  section,  shall  state  therein  that  it  is  desired  by 
tliem  that  such  hospital  be  designated  as  a  memorial  to 
commemorate  the  services  of  the  soldiers,  sailors,  marines 
iiid  pioneers  of  the  county,  then  such  hospital,  if  erected  in 
accordance  with  the  provis/ions  of  this  act,  shall  be  known 
and  designated  as  a  county  memorial  hospital;  and  such 
plates,  tablets,  busts,  statues  and  other  memorials  and 
e(iuipment  as  the  board  of  county  hospital  trustees  here- 
inafter provided  for  shall  deem  fit  to  properly  accomplish 
and  preserve  the  memorial  feature  in  such  hospital,  shall 
be  incorporated  in  its  construction.  And  if  the  memorial 
feature  be  thus  incorporated,  this  fact  shall  be  mentioned 


County  hoflrpital 
special    election. 


FillnR  of  peti- 
tion ;  notice  of 
election. 


May  be  desig- 
nated as  a  me- 
morial, whon ; 

equipment. 


.7— E.  L. 


194 


SPECIAL  ELECTIONS — COUNTIES. 


Issue  of  bonds. 


Result  certified 
to  governor;  ap- 
pointment  of 
trustees. 


in  the  published  notices  hereinbefore  required.  (Pt.  1, 108- 
255.) 

Section  3130.  If  a  majority  of  the  electors  af  the 
county  voting"  at  such  election  are  in  favor  of  the  issuance 
of  bonds,  the  commissioners  shall  provide  for  the  issuing 
and  sale  thereof  according  to  law  and  in  conformity  to  the 
provisions  of  this  chapter.     (Pt.  I,  108-255.) 

Section  3131.  If  a  majority  of  the  electors  of  the 
county  voting  at  such  election  are  in  favor  of  the  issuance  of 
bonds,  the  deputy  state  supervisors  of  elections  for  such 
county  shall  certify  the  result  of  such  election  to  the  gover- 
nor of  the  state ;  whereupon  the  governor  shall,  within  ten 
days  after  the  receipt  of  such  certification,  appoint  a  board 
of  county  hospital  trustees,  composed  of  four  freeholders 
of  such  county.     (Pt.  I,  108-255.) 


PURCHASE  OF  TOLL  ROADS. 


When  county 
commissioners 
may  purchase 
toll  road. 


Section  9263.  The  county  commissioners  of  any 
county  in  the  state,  when  petitioned  to  do  so  by  at  least 
fifty  freeholders,  citizens  of  the  counties,  shall  purchase  any 
or  all  of  the  toll  roads  or  parts  thereof  within  such  counties, 
as  hereinafter  provided.  Before  such  purchase  is  made  the 
commissioners  of  the  county  in  which  the  people  vote  in 
favor  of  purchasing  the  toll  roads,  shall  make  an  order  to 
that  effect  on  their  journals  and  submit  the  purchase  to  the 
voters  of  the  county  either  before  or  after  an  appraisement 
of  the  value  of  the  roads  has  been  had,  at  any  regular  elec- 
tion, giving  at  least  ten  days'  notice  thereof,  in  at  least  two 
newspapers  published  in  the  county.  At  such  election  the 
voters  who  favor  the  purchase  shall  mark  on  their  ballots, 
''Purchase  of  toll  roads,  Yes;"  and  those  opposed  thereto, 
''Purchase  of  toll  roads.  No."  If,  at  such  an  election,  a 
majority  of  those  voting  are  in  favor  of  such  purchase,  the 
commissioners  may  make  it,  but  not  otherwise.  The  vote 
shall  be  returned  by  the  judges  of  election  to  the  deputy 
state  supervisors  of  elections,  who  shall  open,  count  and 
declare  it  as  in  an  election  for  county  officers,  and  certify  it 
to  the  county  commissioners.     (R.  S.  Sec.  3498a.) 


BONDS  FOR  AGRICULTURAL  SOCIETIES. 


Submission  of 
question  of 
issuing   bonds. 


Section  9888,  In  counties  wherein  there  is  a  county 
agricultural  society  which  has  purchased  a  site  whereon  to 
bold  fairs,  or  if  the  title  to  such  ground  is  vested  in  fee 
in  the  county,  and  such  society  is  indebted  fifteen  thousand 
dollars  or  more,  upon  the  presentation  of  a  petition  signed 
by  not  less  than  five  hundred  resident  electors  of  the  county 
praying  for  the  submission  to  the  electors  of  the  county  of 
the  question  whether  or  not  county  bonds  shall  be  issued 
and  sold  to  liquidate  such  indebtedness,  such  commission- 


1'I']0IAL  ELECTIONS — COUNTIES. 


105 


BONDS   FOii    AGRICULTURAL   SOCIETIES. 

.'IS,  within  ten  days  thereafter  by  resolution  shall  fix  a  date 
which  shall  be  within  thirty  days,  upon  which  the  question 
of  issuing  and  selling  such  bonds,  in  amount  and  denom- 
ination such  as  are  necessary  for  the  purpose  in  view,  shall 
be  submitted  to  the  electors  of  the  county.  They  also  shall 
cause  a  copy  of  such  resolution  to  be  certified  to  the  deputy 
state  supervisors  of  elections  of  the  county,  who,  within 
ten  days  thereafter  shall  proceed  to  prepare  the  ballots  and 
make  all  other  necessary  arrangements  for  the  submission 
of  such  question  to  such  electors  at  the  time  fixed  by  the 
resolution.     (93  v.  358  §  1.) 

Section  9889.  Such  election  shall  be  held  at  the  regu- 
lar places  of  voting  in  the  county  and  conducted,  canvassed 
and  certified  except  as  otherwise  provided  by  law,  as  are 
elections  for  the  election  of  county  officers.  The  deputy 
state  supervisors  of  election  must  give  fifteen  days'  notice 
of  the  submission  by  publication  in  one  or  more  newspapers 
published  in  the  county  once  a  week  for  two  consecutive 
weeks,  stating  the  amount  of  bonds  to  be  issued,  the  pur- 
pose for  which  issued  and  the  time  and  places  of  holding 
such  election.  Those  who  vote  in  favor  of  the  proposition 
shall  have  written  or  printed  on  their  ballots  ' '  for  the  issue 
of  bonds"  and  those  who  vote  against  it,  have  written  or 
printed  on  their  ballots  ' '  against  the  issue  of  bonds. "  If  a 
majority  of  the  voters  voting  upon  tl\e  question  of  issuing 
the  bonds  vote  in  favor  thereof,  then  and  not  otherwise  they 
shall  be  issued,  and  the  tax  hereinafter  mentioned  be  levied. 
(93  V.  358  §  1.) 

Section  9890.  If  a  majority  of  the  voters  of  such 
county  voting  upon  the  question  of  issuing  the  bonds  vote 
in  favor  thereof,  the  board  of  county  commissioners,  for 
the  purpose  of  liquidating  such  indebtedness,  shall  issue 
and  sell  the  bonds  of  the  county  according  to  law,  in  the 
amount  necessary  and  bearing  not  more  than  six  per  cent 
interest,  payable  semi-annually.     (93  v.  359  §  2.) 


Conduct  of 
the  election. 


PURCHASE  OF  FAIR  GROUNDS. 


Section  9895.  If  the  county  society  and  the  county  ^.a^pSihas" 
commissioners  decide  that  the  interests  of  the  society  and  crounda. 
county  demand  an  appropriation  from  the  county  treasury 
for  the  purchase  and  improvement  of  county  fair  grounds 
greater  than  that  authorized  by.  the  preceding  section,  or 
without  action  of  or  purchase  by  the  society,  the  commis- 
sioners may  levy  a  tax  upon  all  the  taxable  property  of 
the  county,  the  amount  of  which  they  shall  fix,  but  shall  not 
exceed  half  a  mill  thereon,  in  addition  to  the  amount  au- 
thorized in  the  preceding  section  to  be  paid  for  such  pur- 
pose.    (R.  S.  Sec.  3703.) 

Section  9896.  No  such  tax  shall  be  levied  until  the 
question  as  to  the  amount  is  submitted  by  the  commis- 
sioners to  the  qualified  electors  of  the  county  at  some  gen- 


Questlon  of  tax 
to  be  submitted. 


196 


SPECIAL  ELECTIONS — COUNTIES. 


When  tax  paid 
to  treasurer  of 
society. 


When  real  estate 
vests  In  county. 


Insurance  on 
property. 


May  sell.  lease 
or  purchase 
sites. 


PURCHASE  OF  FAIR  GROUNDS. 

eral  election,  a  notice  of  which,  specifying  the  amount 
to  be  levied,  has  been  given  at  least  thirty  days  previous 
to  such  election,  in  one  or  more  newspapers  published  and 
of  general  circulation  in  the  county.  Those  voting  at  the 
election  in  favor  of  the  tax  shall  have  written  or  printed 
on  their  ballots  ''Agricultural  tax.  Yes,"  and  those  voting 
against  it,  "Agricultural  tax.  No."  If  a  majority  of  the 
votes  cast  be  in  favor  of  paying  such  tax,  it  may  be  levied 
and  collected  as  other  taxes.     (R.  S.  Sec.  3704.) 

Section  9897.  When  such  tax  is  collected  by  the 
county  treasurer,  the  auditor  shall  issue  his  order  for  the 
amount  thereof  to  the  treasurer  of  the  county  agricultural 
society,  or  his  filing  with  the  auditor  a  bond  in  double  the 
amount  collected  with  good  and  sufficient  sureties,  to  be 
approved  by  the  auditor,  conditioned  for  the  faithful  pay- 
ing over  and  accounting  to  such  society  for  such  funds. 
(R.  S.  Sec.  3704.) 

Section  9898.  "When  a  society  is  dissolved  or  ceases 
to  exist,  in  a  county  where  payments  have  been  made  for 
real  estate,  or  improvements  thereon,  or  for  the  liquidation 
of  indebtedness,  for  the  use  of  such  society,  all  such  real 
estate  and  improvements  shall  vest  in  fee  simple  in  the 
county  by  which  the  payments  were  made.  (R.  S.  Sec. 
3705.) 

Section  9899.  The  county  commissioners  of  a  county 
may  keep  the  buildings  owned  by  the  county  agricultural 
society  or  county  insured,  if  deemed  proper  by  them,  for 
the  benefit  of  such  society,  or  the  countv,  as  the  case  may 
be.     (R.  S.  Sec.  3705a.) 

Section  9900.  When  a  county  society  desires  to  sell 
its  site  in  order  to  purchase  another,  or  if  for  any  reason 
such  site  is  unfit  or  insufficient  for  the  purposes  for  which 
it  is  used,  and  at  a  regular  meeting,  by  a  vote  of  at  least 
a  majority  of  all  the  members  of  its  board  of  directors, 
upon  a  call  of  the  yeas  and  nays,  it  adopts  a  resolution 
for  the  purpose  of  securing  the  benefits  hereof  and  declar- 
ing a  desire  to  sell  such  site  in  order  to  buy  another,  or  that 
the  site  has  become  unfit  or  insufficient,  and  that  it  is  for 
the  best  interests  of  the  society  and  county,  that  such  site 
be  sold  or  leased,  and  a  new  one  bought  or  leased,  the 
society  may  sell  or  lease  such  old  site  and  buy  or  lease  a 
new  one  for  holding  county  fairs  as  hereinafter  provided. 
But  in  cases  where  the  county  paid  all  or  any  portion  of 
the  purchase  money  for  the  site  to  be  sold  or  leased,  the 
written  consent  of  the  county  commissioners  shall  first  be 
given  to  such  sale  or  lease.  Within  thirty  days  after  its 
passage,  such  board  of  directors  shall  give  notice  in  writ- 
ing to  the  commissioners  of  such  county  of  the  adoption 
of  such  resolution  declaring  the  necessity  of  selling  or  leas- 
ing such  site  and  buying  or  leasing  a  new  site,  which  notice 
shall  contain  or  have  annexed  thereto  a  certified  copy  of 


SPECIAL  ELECTIONS — COUNTIES.  197 


PURCHASE  OF  FAIR  GROUNDS. 


the  resolution,  signed  by  the  president  and  secretary  of 
the  board  of  directors.     (R.  S.  Sec.  3706.) 

Section  9901.  When  such  society  has  given  notice  to 
the  commissioners  as  above  provided,  and  has  selected  or  sioneVshS*' 
secured  options  for  the  purchase  or  lease  of  a  new  site  for  tr/cte.^"*  ^""' 
holding  county  fairs  in  such  county,  its  board  of  directors 
shall  immediately  give  notice  of  all  such  facts  to  the  com- 
missioners, which  notice  if  such  old  site  is  sold  or  leased 
before  the  purchase  or  lease  of  the  new  one,  shall  state 
the  amount  for  which  it  was  sold  or  leased,  also  the  amount 
of  money  necessary  to  acqire  such  new  site,  and  the  terms 
and  condition  of  the  purchase  or  lease  thereof,  together 
with  a  full  description  of  the  tracts  or  parcels  of  land  and 
improvements  thereon,  included  therein.  After  the  filing 
of  such  notices,  the  commissioners  may  complete  and  carry 
into  effect  any  contract  or  contracts  which  such  society 
made  for  the  purchase  or  lease  of  the  new  site.  (R.  S. 
Sec.  3706a.) 

Section  9902.  Payment  for  the  purchase  or  lease  of  payment  for 
the  land  included  in  such  site,  and  the  improvements  purchase  or 
thereon,  may  be  made  by  the  county  commissioners  from  ^^^^^  °'  ^^^^' 
any  unappropriated  funds  in  the  county  treasury  at  the 
time  it  is  to  be  made.  If  no  such  funds  are  then  in  the 
treasury,  the  commissioners  may  issue  the  bonds  of  the 
county  for  such  amounts  as  are  necessary  for  the  purchase 
or  lease  of  the  land  and  the  improvements  thereon.  But 
if  such  old  site  is  sold  or  leased  before  the  new  site  is 
purchased  or  leased,  in  making  the  payment  such  society 
first  shall  apply  the  moneys  realized  from  the  sale  or  lease 
to  the  purchase  or  lease  of  the  new  site.  If  the  old  site 
is  sold  or  leased  after  the  purchase  or  lease  of  the  new 
site,  the  amounts  realized  from  such  sale  or  lease  shall  be 
placed  to  the  credit  of  the  sinking  fund  for  the  redemption 
of  bonds  issued  as  hereinafter  provided.  Such  bonds  shall 
bear  not  more  than  five  per  cent  interest  per  annum,  pay- 
able semi-annually,  not  be  sold  for  less  than  their  par 
value,  and  shall  be  payable  at  such  place,  times,  and  in 
such  denominations  as  the  commissioners  determine.  (R. 
S.  Sec.  3706b.) 

Section  9903.  To  provide  for  the  payment  of  such  J;t7t  JJ'bSJJ;. 
bonds,  and  interest  thereon,  the  county  commissioners  may  • 
levy  such  annual  taxes  on  all  the  taxable  property  of  the 
county,  as  are  necessary  to  create  and  provide  a  sinking 
fund  for  the  redemption  of  the  bonds  at  maturity  and 
the  interest  accruing  thereon.  Such  levy  shall  be  collected 
and  accounted  for  to  the  county  treasurer  in  the  manner 
provided  for  the  collection  of  other  taxes.  (R.  S.  Sec. 
3^06b.)  „  ^  ,  ,       , 

Section  9904.     Before  issuing  such  bonds,  the  com-  jSon  of 
inissioners  by  resolution  shall  submit  to  the  qualified  elec-   issuinjr  bonds, 
tors  of  the  county  at  the  next  general  election  for  county 
officers  held  not  less  than  thirty  days  after  receiving  from 


198 


SPBGIAL  BLBOTIONS — COUNTIES. 


The    eleettOB. 


such  agricultural  society  the  notice  provided  for  in  section 
thirty-seven  hundred  and  six,  the  question  of  issuing  and 
selling  such  bonds,  in  amount  and  denomination  as  neces- 
sary for  the  purpose  in  view,  and  shall  certify  a  copy  of 
such  resolution  to  the  deputy  state  supervisors  of  elections 
of  the  county.     (R.  S.  Sec,  3706b.) 

Section  9905.  Such  deputy  state  supervisors  shall 
place  the  question  of  issuing  and  selling  such  bonds  upon 
the  ballot  and  make  all  other  necessary  arrangements  for 
the  submission  of  such  question  to  the  qualified  electors  of 
such  county,  at  the  time  fixed  by  such  resolution.  The 
votes  cast  upon  the  question  must  be  counted,  canvassed 
and  certified  in  the  same  manner,  except  as  otherwise  pro- 
vided by  law,  as  votes  cast  for  county  officers.  Fifteen 
days'  notice  of  such  submission  shall  be  given  by  the  deputy 
state  supervisors,  by  publication  once  a  week  for  two  con- 
secutive weeks  in  two  or  more  newspapers  published  in 
the  county,  stating  the  amount  of  bonds  to  be  issued,  the 
purpose  for  which  they  are  issued,  and  the  time  and  places 
of  holding  the  election.  Such  question  must  be  stated  on 
the  ballot  as  follows :  ' '  For  the  issue  of  county  fair  bonds, 
Yes;'*  ''For  the  issue  of  county  fair  bonds.  No."  If  the 
majority  of  the  voters  voting  upon  the  question  of  issuing 
the  bonds  are  in  favor  thereof,  then,  but  not  otherwise, 
they  shall  be  issued,  and  the  tax  hereinbefore  mentioned  be 
levied.     (R.  S.  Sec.  3706b.) 


Counties  may 
give  aid  to  es- 
tablish water- 
way. 


Ttanao^ 


WATERWAY  OR  CANAL. 

Section  2503-1.  That  whenever  a  canal  or  waterway 
of  substantially  definite  route  shall  be  authorized  to  be  con- 
structed by  or  under  the  authority,  management  and  con- 
trol of  the  government  of  the  United  States,  or  of  the  state 
of  Oiiio,  either  separately  or  jointly  or  in  co-operation  with 
any  state  or  states  to  connect  the  great  lakes  or  the  ocean 
with  the  navigable  waters  of  this  state,  or  with  the  Ohio 
river,  by  a  route  situate  within,  or  partly  within  and  partly 
without  the  state,  suitable  for  steamships,  steamboats, 
barges  or  other  vessels,  it  shall  be  lawful  for  any  county 
situate  on  the  route  thereof  or  connected  therewith  by  navi- 
gable waters,  or  railroad,  or  other  highway  of  commerce 
in  such  manner  that  the  construction  of  such  canal  or 
waterway  will  be  for  the  general  public  benefit  of  the  com- 
munity of  such  county,  to  give  and  by  the  appropriation  of 
money  or  the  issue  of  bonds  as  hereinafter  set  forth. 

Provided  that  such  canal  or  waterway  shall  be  and 
remain  exclusively  a  public  enterprise  under  public  man- 
agement, control  and  operation,  free  from  the  private 
management,  or  interest,  or  possession  in  any  wise  of  any 
individual,  company,  corporation,  association,  or  institution, 
and 


SPECIAL  ELECTIONS — C0UNTIB6.  199 

WATERWAY  OR  CANAL. 

Provided,  further,  that  of  any  surplus  of  tolls,  rates 
and  charges  accruing  from  the  operation  of  such  canal  or 
waterway  or  the  sale  of  water  or  water  power  or  from 
other  income  remaining  after  payment  of  the  cost  of  opera- 
tion, maintenance  and  improvement,  such  county  shall 
receive  such  proportionate  part  as  its  contribution  bears  to 
the  total  sum  contributed  for  the  construction  of  said  canal 
or  waterway.     (102  v.  462.) 

Section  2503-2.  It  shall  be  lawful  for  one  hundred  or  ^"Je^^^JfJJ  °^ 
more  resident  taxpayers  and  qualified  voters  of  the  proper  may  petitionee, 
county  to  petition  the  court  of  common  pleas  of  such  county  ffjtion!  ^  °^^^^ 
setting  forth  that  the  construction  of  a  canal  or  waterway 
of  substantially  definite  route  has  been  authorized  by  law, 
and  describing  in  a  general  way  such  a  route,  and  showing 
that  the  county  of  the  petitioners  is  situate  on  the  said  route, 
or  is  connected  therewith  by  navigable  waters,  or  a  railroad, 
or  other  highway  of  commerce  as  in  such  petition  set  forth, 
and  that  in  the  judgment  of  the  petitioners  the  construc- 
tion of  such  canal  or  waterway  will  be  for  the  general  pub- 
lic benefit  of  the  community  of  the  county  of  the  petition- 
ers, and  that  it  is  desirable  that  the  credit  of  the  county 
be  loaned  for  the  puprose  of  aiding  the  construction  of  such 
canal  or  waterway  in  such  manner  as  may  be  provided  by 
law,  and  so  that  the  same  shall  remain  a  public  enterprise, 
and  free  from  the  private  management,  or  interest,  or  pos- 
session in  any  wise  of  any  individual,  company,  corpora- 
tion, association,  or  institution,  and  that  for  the  purpose 
aforesaid,  it  is  desirable  that  the  county  of  the  petitioners 
shall  issue  interest  bearing  bonds  to  the  amount  stated  in 
such  petition,  and  praying  the  court  to  order  an  election  to 
be  held  in  the  said  county  upon  the  question  of  the  issue 
of  said  bonds  to  the  amount  and  for  the  purpose  stated. 
The  said  petition  shall  be  verified  by  affidavit  of  at  least 
five  of  the  petitioners,  and  on  presentation  thereof,  if  the 
same  shall  appear  to  be  in  proper  form,  it  shall  be  filed, 
and  thereupon  the  court  shall  fix  a  time  for  the  hearing  of  Hearing, 
the  same,  not  more  than  sixty  days  thereafter,  and  direct 
that  notice  of  the  same  be  given  to  the  county  commission- 
ers, and  also  the  public  generally  by  advertisement  and 
publication  in  one  or  more  newspapers  published  in  said 
county  in  such  issues  thereof  as  the  court  may  direct.  Any 
person  interested,  including  the  county  commissioners,  may 
file  exceptions  to  said  petition  prior  to  the  day  fixed  for  Exceptions, 
the  hearing,  and  on  such  hearing,  any  person  in  interest 
may  be  heard,  and  the  court  shall  decide  upon  the  truth  of 
any  matter  set  forth  in  the  petition  in  case  the  same  shall 
be  disputed,  save  as  to  the  matters  set  forth  upon  the  judg- 
ment of  the  petitioners  as  to  the  public  benefit  involved 
and  the  desirability  of  the  issue  of  bonds  as  set  forth,  which 
matter  shall  be  deemed  to  depend  upon  the  result  of  the 
election  prayed  for,  and  if  the  court  shall  find  that  such 


200 


SPECIAL  ELECTIONS — COUNTIES. 


WATERWAY  OR  CANAL. 


Order. 


When    elec- 
tion held. 


Expense. 


Delivery  of 
bonds. 


Act    includes 
funds  con- 
tributed. 


Agreements  for 
protection  of 
funds  con- 
tributed. 


petition  and  proceedings  are  regular  and  in  conformity 
with  this  act,  and  that  the  construction  of  a  canal  or  water- 
way of  substantially  definite  route  has  been  authorized  by 
authority  of  law,  and  that  the  county  is  situated  on  such 
route,  or  is  connected  therewith  by  navigable  waters,  or 
railroad,  or  other  highway  of  commerce,  as  set  forth,  it 
shall  order  an  election  to  be  held  in  the  county  after  notice 
of  such  election  has  been  given  in  the  manner  provided  by 
law  for  elections  of  county  officers.  If  the  order  shall  be 
made  more  than  thirty  days  and  less  than  ninety  days  before 
the  next  regular  election  of  municipal  or  state  officers,  such 
election  shall  be  held  at  su3h  regular  election;  but  if  not, 
then  a  special  election  shall  be  ordered  to  be  held  after 
notice,  as  aforesaid;  and  the  deputy  state  supervisors  of 
elections  shall  prepare  separate  ballots  for  such  election, 
upon  which  shall  be  printed  in  brief  form,  a  statement  of 
the  question  submitted  followed  by  the  words  ''for  a  bond 
issue"  or  ''against  a  bond  issue,"  and  shall  provide  sepa- 
rate boxes  to  receive  the  said  ballots  when  voted.  The  said 
election  shall  be  held  at  the  regular  polling  places,  and 
shall  be  conducted  and  the  vote  canvassed  and  certified  in 
the  same  manner  as  provided  by  law  for  the  election  of 
county  commissioners.  The  expense  of  the  election  shall 
be  borne  by  the  county.  If  the  majority  of  the  vote  is  in 
favor  of  a  bond  issue,  then  the  county  commissioners  shall 
prepare  and  cause  to  be  issued,  in  due  conformity  with  the 
law,  the  bonds  of  the  county  to  the  amount  set  forth  in  the 
petition,  and  for  the  purposes  therein  set  forth;  but  if  a 
majority  of  the  electors  shall  vote  against  a  bond  issue,  the 
question  of  a  bond  issue  for  such  purpose  shall  not  again 
be  submitted  to  a  vote  of  the  electors  for  a  period  of  less 
than  two  years  from  the  date  of  said  election.  All  the 
penalties  of  the  election  laws  for  the  violation  thereof  are 
hereby  extended  and  shall  apply  to  the  voters,  inspectors, 
judges  and  clerks  voting  at  or  in  attendance  upon  such 
election. 

The  county  commissioners  upon  the  issuing  of  any 
bonds  in  pursuance  to  the  terms  of  this  act,  shall  deliver 
them  to  the  proper  state  or  federal  authority  constructing 
said  canal  or  waterway,  to  be  realized  upon,  at  not  less 
than  par,  and  the  proceeds  thereof  expended  under  such 
authority  in  the  construction  of  such  canal  or  waterway. 
(102  V.  462.) 

Section  2503-3.  This  act  contemplates,  among  other 
things,  the  construction  of  canals  or  waterways  by  means  of 
funds  contributed  by  counties,  interested  or  benefited, 
whether  of  this  state  or  in  co-operation  w^ith  the  coun- 
ties of  other  states  .or  other  public  authorities.  And 
for  the  purposes  of  co-operation  and  safe-guarding  the 
respective  interests  of  the  contributing  counties  in  the  pro- 
portion of  their  respective  contributions  and  in  respect  of 
the  same  the  respective  county  commissioners  are  hereby 


SPECIAL  ELECTIONS — COUNTIES. 


201 


WATERWAY   OR   CANAL. 

authorized  to  enter  into  such  proper  arrangements  and 
agreements  with  the  secretary  of  war,  or  any  other  public 
authority  empowered  to  act  in  the  premises  mder  any  act 
of  congress  or  act  of  the  general  assembly  of  this  or  the  leg- 
islative authority  of  any  other  state  as  may  be  necessary 
for  such  purposes ;  and  also  with  counties  and  other  public 
authorities  either  of  this  or  other  states  with  a  view  to  har- 
monious and  efficient  action  and  proportionate  contribution 
as  nearly  as  may  be  arrived  at  or  found  to  be  practicable. 
(102  V.  462.) 


ORIGINAL  SURVEYED  TOWNSHIPS. 


Section  3181.  As  soon  as  there  are  four,  or  more, 
electors  in  an  original  surveyed  township  of  five  or  six 
miles  square,  or  fractional  township,  wherein  there  is 
either  the  reserved  section  twenty-nine  or  sixteen,  or  where 
such  section  sixteen  has  been  disposed  of  by  congress  and 
another  section  granted  instead  thereof,  whether  such  other 
section  be  situated  within  or  without  such  original  town- 
ship, and  in  all  other  fractional  townships  which  by  law 
are  entitled  to  a  section  or  part  of  a  section  for  school  pur- 
poses, such  electors,  or  any  of  them  may  apply  to  the 
county  commissioners  for  the  organization  and  incorpora- 
tion of  such  original  township  or  fractional  township.  (R. 
S.  Sec.  1366.) 


Organization 
and  Incor- 
poration. 


Section  3182.  On  the  application  of  any  such  elec-  Application; 
tors,  and  it  is  made  to  appear  to  the  satisfaction  of  the  "°"f«*>' 
county  commissioners,  that  there  are  at  least  four  electors 
in  such  original  or  fractional  township,  the  commissioners 
shall  order  an  election  of  three  trustees  and  one  treasurer 
therein,  and  give  at  least  fifteen  days'  written  notice  of 
such  election,  by  posting  in  three  of  the  most  public  places 
in  the  township  such  notices,  designating  the  time  and  place 
of  such  election,  and  the  place  shall  be  as  near  the  center 
of  such  township  as  practicable.     (R.  S.  Sec.  1367.) 

Section  3183.  Elections  in  such  original  surveyed  conduct  of 
townships  shall  be  held  at  such  times  and  conducted  in  eie«"o"- 
such  manner  as  the  trustees  of  the  townships  provide.  The 
place  of  holding  such  election  shall  be  as  near  the  center 
of  the  township  as  can  be,  and  at  least  fifteen  days' 
notice  of  such  election  shall  be  given  by  notices  posted  in 
five  or  more  of  the  public  places  of  the  township.  (R.  S. 
Sec.  1368.) 


There  Is  no  provision  of  law  for  the  payment  of  judges  and  clerks  of  elections 
to  original  surveyed  townships,  where  such  election  Is  held  under  authority  of 
this  section,  and  other  sections  following,  relating  to  elections  In  orlglna  town- 
ships.    L.  11-29-05. 


202 


Election  In  new 
township. 


Trustees  shall 
fix  place  of  hold- 
iHK  elections. 


SPECIAL   ELECTIONS — TOWNSHIPS. 

OFFICERS  OF  NEW  TOWNSHIPS. 

Section  3259.  When  a  new  township  is  set  off,  the 
county  commissioners  shall  forthwith  give  at  least  ten  days' 
public  notice  by  advertisement,  in  three  public  places  in 
such  township,  of  the  time  and  place  of  holding  an  elec- 
tion for  township  officers.  At  such  time  and  place  the 
electors  of  the  township  shall  assemble,  and  elect  officers, 
who  shall  hold  their  offices  until  the  next  regular  township 
election  and  their  successors  are  elected  and  qualified.  (R. 
S.  Sec.  1441.) 

Section  3260.  The  trustees  shall  fix  the  place  of 
holding  elections  within  their  township,  or  of  any  election 
precinct  thereof.  For  such  purpose  they  may  purchase  or 
lease  a  house  and  suitable  grounds,  or  by  permanent  lease 
or  otherwise  acquire  a  site,  and  erect  thereon  a  house.  If 
a  majority  of  the  electors  of  the  township  or  a  precinct 
thereof,  voting  at  any  general  election,  vote  in  favor  there- 
of, the  trustees  may  purchase  a  site  and  erect  thereon  a 
town  hall  for  such  township  or  precinct  and  levy  a  tax  on 
the  taxable  property  within  such  township  or  precinct  to 
pay  the  cost  thereof,  which  shall  not  exceed  two  thousand 
dollars.  At  least  thirty  days'  notice  shall  be  given  In  at 
least  five  of  the  most  public  places  in  the  township  or  pre- 
cinct, that  at  such  election  a  vote  will  be  taken  for  or 
against  a  tax  for  such  purchase.     (R.  S.  See.  1443.) 


Trustees  may  re- 
ceive  donations 
for  township 


SALE  OF  REAL  ESTATE. 

Section  3281.  The  trustees  may  receive  on  behalf  of 
the  township,  any  donation  by  bequest,  devise,  or  deed  of 
gift,  or  otherwise,  of  any  property  real  or  personal,  for  any 
township  use.  When  the  township  has  real  estate  or  build- 
ings which  it  does  not  need,  the  trustees  may  sell  and  con- 
vey them,  when  at  the  township  election  a  majority  of  the 
electors  voting  at  such  election  have  voted  in  favor  thereof. 
Notice  shall  be  given  of  the  submission  of  the  question  as 
provided  in  case  of  the  enlargement,  removal  or  improve- 
ment of  town  halls.     (R.  S.  Sec.  1481.) 


How  hearse  and 
vault  may  be 
provided. 


HEARSE. 

Section  3285.  The  trustees  of  a  township  may  levy 
a  tax  in  such  amount,  as  they  determine,  to  purchase  a 
hearse  and  build  a  vault,  or  for  either  purpose,  for  the  use 
of  such  township  to  be  under  the  control  of  the  trustees,  or 
a  person  appointed  by  them.  The  question  of  levying  such 
tax,  for  either  or  both  of  such  purposes,  and  the  amount 
asked  therefor  shall  be  separately  submitted  to  the  qualified 
electors  of  the  township  at  a  general  election.  Twenty  day«* 
notice  thereof  shall  be  previously  given  by  posting  in  at 
least  three  public  places  in  the  township.  Such  notice  shall 
state  specifically  the  amount  to  be  raised,  and  whether  for 
purchase  of  hearse,  or  erection  of  vault.  If  a  majority  of 
all  the  votes  cast  at  such  election  are  in  favor  of  either 


SPECIAL  ELECTIONS — TOWNSHIPS. 


208 


Tax  for  drill- 
ing oil  or  gas 


HEASSE. 

proposition  or  both,  the  tax  herein  provided  for  shall  be 
considered  authorized.     (R.  S.  Sec.  1485.) 

Section  3286.     The  electors  voting  at  such  election  Election 
shall  have  placed  on  their  ballots  the  words,  ''Tax  for  ^*'«'*'°'"- 
Hearse — Yes"  or  **Tax  for  Hearse — No,"  and  upon  the 
same  ballot,  ''Tax  for  Vault— Yes,"  or  "Tax  for  Vault- 
No,"  and  may  vote  for  one  proposition  and  against  the 
other,  or  for  or  against  both.     (R.  S.  Sec.  1486.) 

Section  3287.  When  such  tax  has  been  voted  in  a  Bonds  in 
township,  the  trustees  thereof,  in  anticipation  of  such  tax  JP^suJ^^ax. 
may  issue  the  township  bonds,  of  the  aggregate  amount  not 
to  exceed  the  tax  voted,  in  denominations  of  not  less  than 
fifty  dollars,  bearing  interest  at  the  rate  not  exceeding  six 
per  cent  and  payable  not  later  than  four  years  from  date. 
Such  bonds  shall  not  be  sold  below  par,  and  the  proceeds 
shall  be  used  solely  for  the  construction  of  such  vault.  Such 
bonds  shall  be  signed  by  the  trustees,  countersigned  by  the 
township  clerk,  and  repaid  from  the  tax  when  collected. 
(R.  S.  Sec.  1487.) 

OIL  OR  GAS  WELL. 
Section  3292.  In  addition  to  the  tax  already  author- 
ized by  law,  the  trustees  of  any  township  may  levy  a  tax  weii 
not  to  exceed  five  mills  on  the  dollar  for  the  purpose  of 
drilling  an  oil  or  gas  well  in  the  township,  when  so  author- 
ized by  a  majority  vote  of  the  electors  of  such  township  at 
a  regular  or  special  election.  Such  election  shall  be  con- 
ducted the  same  as  elections  for  township  officers,  and  the 
tax  shall  be  collected  as  other  taxes.     (95  v.  449  §  1.) 

BOND  ISSUE. 
Section  3295.  The  trustees  of  any  township  may  issue  ^^^%^^olS' 
and  sell  bonds  in  such  amounts  and  denominations,  for  such 
periods  of  time  and  at  such  rate  of  interest,  not  to  exceed 
six  per  cent.,  for  any  of  the  purposes  authorized  by  law  for 
the  sale  of  bonds  by  townships  or  by  municipal  corpora- 
tions for  specific  purposes,  and  for  the  purpose  of  providing 
funds  to  pay  the  township's  share  of  the  cost  of  any  im- 
provement made  under  an  agreement  with  the  county  com- 
missioners, when  not  less  than  two  of  such  trustees,  by  an 
affirmative  vote  and  by  resolution,  deem  it  necessary,  and 
the  provisions  of  law  applicable  to  municipal  corporations 
with  reference  to  the  limitations  upon  the  amount  of  bonds 
to  be  issued,  and  for  the  submission  of  the  question  of  their 
issuance  to  the  voters,  shall  extend  and  apply  to  the  trustees 
of  townships.  Such  township  bonds  shall  be  advertised  and 
sold  in  the  manner  provided  by  law.  All  bonds  heretofore 
issued  by  township  trustees  under  assumed  authority  for 
the  improvement  of  roads  in  connection  with  county  com- 
missioners, shall,  in  so  far  as  the  same  might  otherwise  be 
held  invalid  on  account  of  the  absence  of  power  of  such 
trustees  to  issue  bonds  for  such  purpose,  be  held  to  be  legal, 
valid  and  binding  obligations  of  the  township  issuing  such 
bonds.     (106  v.  586.) 


204 


SPECIAL   ELECTIONS — TOWNSHIPS. 


ROAD  IMPROVEMENT. 


Submission   of 
ouestion  of  bond 
issue ;    resolu- 
tion ;   notice. 


Form    of  ballot. 


Record  and 
certification 
of  result. 


Tax  levy  to 
purchase  prop- 
erty   containing 
stone   or   gravel ; 
submission    of 
question. 


Section  3298-9.  Before  the  bonds  of  the  township  are 
issued  to  provide  funds  for  improving  the  roads  thereof,  the 
question  of  issuing  said  bonds  shall  be  first  submitted  to  the 
qualified  electors  of  the  township  at  a  general  or  special 
election  therefor.  The  trustees  shall  provide  by  resolution 
for  the  submission  of  such  question  to  the  qualified  electors 
of  the  township,  and  shall  give  notice  by  publication  once 
each  week  for  three  consecutive  weeks  in  a  newspaper  of 
general  circulation  in  said  township  of  the  date  of  such 
election,  and  the  purpose  for  which  it  is  held.  Said  notice 
shall  state  the  amount  of  the  proposed  bond  issue. 

Section  3298-10.  The  clerk  of  the  township  shall  file  a 
certified  copy  of  such  resolution  with  the  deputy  state  su- 
pervisor of  elections  of  the  county  not  less  than  thirty  days 
before  the  date  fixed  for  such  election.  The  deputy  state 
supervisors  of  elections  shall  cause  to  be  prepared  and  fur- 
nished at  the  expense  of  the  township,  ballots  and  supplies 
for  such  election.  On  the  ballots  at  such  election  shall  ap- 
pear the  words:  ''Road  Improvement  Bonds — Yes.  Road 
Improvement  Bonds — No."  The  deputy  state  supervisor 
of  elections  shall  give  notice  to  the  proper  election  officials 
for  the  holding  of  such  election. 

Section  3298-11.  The  election  officers  shall  forthwith 
certify  the  result  of  such  election  to  the  clerk  of  the  town- 
ship and  the  township  trustees  shall  make  a  record  of  such 
result.  If  the  number  of  votes  cast  in  favor  of  the  issue  of 
bonds  is  a  majority  of  the  electors  who  participated  in  the 
last  election  for  governor  in  the  township  the  trustees  may 
proceed  to  issue  such  bonds.  The  township  clerk  shall  cer- 
tify the  result  of  such  elction  to  the  county  auditor,  (106 
V.  59.)  - 

Section  3298-20.  The  trustees  of  a  township  may  levy 
a  tax  in  such  amount,  as  they  determine,  to  purchase  real 
property,  containing  suitable  stone  or  gravel,  and  the  neces- 
sary machinery  for  operating  the  same,  when  deemed  neces- 
sary for  the  construction,  improvement,  or  repair  of  the 
public  roads  within  the  township,  to  be  under  the  control 
of  the  trustees  or  a  person  appointed  by  them.  The  ques- 
tion of  levying  such  tax,  for  such  purpose,  and  the  amount 
asked  therefor  shall  be  submitted  to  the  qualified  electors 
of  the  township  at  a  general  election.  Twenty  days'  notice 
thereof  shall  be  previously  given  by  posting  in  at  least  ten 
public  places  in  the  township.  Such  notice  shall  state  spe- 
cifically the  amount  to  be  raised.  If  a  majority  of  all  votes 
cast  at  such  election  are  in  favor  of  the  proposition,  the 
tax  therein  provided  for  shall  be  considered  authorized. 
Such  tax  may  be  levied  in  addition  to  all  other  taxes  for 
township  purposes,  but  subject  however  to  the  limitation 
on  the  combined  maximum  rate  for  all  taxes  now  in  force. 
(106  V.  653.) 


SPECIAL   ELECTIONS — TOWNSHIPS.  205 

HALLS. 

1   ' 

Section  3395.  If  in  a  township,  it  is  desired  to  build,  J^^JJ?  ^^iJi^'i^^ 
remove,  improve  or  enlarge  a  town  hall,  at  a  greater  cosi  """^  '  ^  **"  °"' 
than  is  otherwise  authorized  by  law,  the  trustees  may  sub- 
mit the  question  to  the  electors  of  the  township,  and  shall 
cause  the  clerk  to  give  notice  thereof  and  of  the  estimated 
cost,  by  written  notices,  posted  in  not  less  than  three  public 
places  within  the  township,  at  least  ten  days  before  election. 
(R.  S.  Sec.  1479.) 

Submission   of   constructing   a    town   hall    must   be   at   a    regular   municipal 
election.     Atty.  Gen.  3-9-1908. 

'  Section  3396.     At  such  election  the  electors  in  favor  Form  of  baiiot; 
of  such  hall,  removal,  improvement  or  enlargement  shall  Ee.""**  **""^ 
place  on  their  ballots  "Town  Hall — Yes",  and  those  op- 
posed ''Town  Hall— No".       If  a  majority  of  all  the  bal- 
lots cast  at  the  election  are  in  the  affirmative,  the  trustees 
shall  levy  the  necessary  tax,  but  not  in  any  year  to  exceed 
four  mills  on  the  dollar  valuation.    Such  tax  shall  not  be 
levied  under  such  vote  for  more  than  seven  years.    In  an-     • 
ticipation  of  the  collections  of  taxes,  the  trustees  may  bor- 
row money  and  issue  bonds  for  the  whole  or  any  part  there- 
for, bearing  interest  not  to  exceed  seven  per  cent,  payable 
annually.     (R.  S.  Sec.  1479.) 

Section  3397.  After  such  affirmative  vote,  the  trus-  [■"^•J};;'^'  ^"*^haii. 
tees  may  make  all  needful  contracts  for  the  purchase  of  a 
sit*^,  and  the  erection,  or  the  improvement  or  enlargement 
of  a  town  hall.  They  shall  have  control  of  any  town  hall 
belonging  to  the  township,  and  from  time  to  time,  may 
lease  so  much  thereof  as  may  not  be  needed  for  township 
purposes,  by  the  year  or  for  shorter  periods,  to  private 
person*^,  or  for  lecturers  or  exhibitors,  in  all  cases  having 
the  rent  paid  in  advance  or  fully  secured.  The  rents  re- 
ceived may  be  used  for  the  repair  or  improvement  of  the 
hall  so  far  as  needed,  and  the  balance  for  general  town- 
ship purposes.     (R.  S.  Sec.  1480.) 

Section  3398.  In  all  cases  where  the  trustees  have  whSf^sue^" can- 
been  authorized  by  such  affirmative  vote,  to  purchase  a  site  Jy*  cont^Sct"^^ 
and  erect  thereon  a  town  hall,  or  to  provide  a  house  and 
grounds  for  voting  purposes  as  authorized  by  law,  and 
suitable  lands  cannot  be  procured  by  contract  for  that  pur- 
pose on  reasonable  terms,  they  may  appropriate  land  there- 
for, not  exceeding  one  acre,  by  proceedings  in  accordance 
with  the  law  regulating  the  appropriation  of  private  prop- 
erty by  municipal  corporations,  but  such  appropriation 
shall  not  be  made  until  the  court  is  satisfied  that  such  lands 
cannot  be  obtained  by  contract  on  reasonable  terms.  (R.  S. 
Sec.  1480a.) 

Section  3399.     The  electors  of  a  township  in  which  ^;'i!j|iJ,p"  ^ay 
a  village  is  situated,  and  the  electors  of  such  village  may  jointly  eniarge^^ 
if  both  so  determine,  as  hereinafter  provided,  unite  in  the  puWi7*'bundfnB. 
enlargement,  improvement  or  erection  of  a  public  building. 
(97  V.  483  §  1.) 


206 


SPECIAL  ELECTIONS — TOWNSHIPS. 


HALLS 


Application  to  SECTION  3400.     For  sucli  purpose  an  application  shall 

SSrtrSsfei^.''''"  be  made  to  and  filed  with  the  trustees  of  the  township, 
signed  by  not  less  than  twenty-five  resident  free-holders  of 
such  township,  who  are  not  residents  of  the  village.  An  ap- 
plication shall  also  be  made  to  and  filed  with  the  mayor  of 
the  village,  signed  by  not  less  than  twenty-five  resident  free- 
holders of  the  village.     (97  v.  483  §  2.) 

Submission  of  SECTION  3401.     At  the  ncxt  general  township  and  mu- 

?o"^a*vo"te.*^^  *^^  nicipal  election  after  such  applications  have  been  so  filed, 
the  question  as  to  whether  or  not  a  tax  shall  be  levied  upon 
all  the  property  subject  to  taxation  in  such  township  and 
village  for  the  enlargement,  improvement  or  erection  of  a 
public  building,  shall  be  submitted  to  the  electors  of  such 
township  and  of  such  village.  T^n  days'  notice  that  the 
question  will  be  submitted  to  the  electors,  shall  be  given 
,  by  the  trustees  of  the  township  and  the  mayor  of  the  vil- 

lage, in  a  newspaper  of  general  circulation  in  such  town- 
ship and  village,  which  notice  shall  state  the  maximum 
amount  of  money  proposed  to  be  used  for  such  purpose, 
and  the  rate  of  tax  proposed  to  be  levied.     (97  v.  484  §  3.) 

Section  3402.  If  at  such  election  two-thirds  of  the 
electors  of  the  township  and  of  the  village  voting,  vote  in 
favor  of  such  improvement,  the  trustees  of  such  township 
and  the  council  of  the  village  shall  jointly  take  such  action 
as  is  necessary  to  carrv  out  such  improvement.  (97  v.  484 
§4.) 


Two -thirds   vote 
necessary. 


LIBRARIES. 


Question  of  pub-  SECTION   3403.     On   the   petition  of  twenty   electors 

iJe  l?bmitte?to    *^®^^°^'  ^^^  ^P^^  f^ur  wccks'  public  notice,  published  in 
electors,  a  paper  of  general  circulation  in  the  county,  the  trustees 

of  a  township  shall  submit  to  the  electors  of  such  township, 
at  the  general  election  in  November,  the  question  whether 
there  shall  be  a  public  library  established  in  the  township 
for  the  use  and  benefit  of  the  citizens  thereof.  (R.  S.  Sec. 
1476.) 


Form  of  ballot; 
tax  and   levy. 


Section  3404.  Those  voting  at  such  election  in  favor 
of  such  library,  shall  place  upon  their  ballots  the  words 
''Public  Library— Yes",  and  those  voting  thereat  against 
such  library,  the  words,  "Public  Library — No".  If  a 
majority  of  the  electors  voting  at  such  election  vote  in 
favor  thereof,  the  trustees  may,  annually,  levy  upon  all 
the  taxable  property  of  such  township  a  tax  not  exceeding 
one  mill  on  the  dollar  valuation  thereof,  to  be  applied  to 
the  establishment  and  maintenance  of  a  library,  and  the 
procuring  of  suitable  room  or  rooms  therefor.  (R.  S.  Sec. 
1476.) 


SPECIAL  ELECTIONS — TOWNSHIPS.  207 

PARKS. 

Section  3415.  When  any  number  of  electors  in  a  Petition  for  es- 
township,  including  all  municipal  corporations  therein,  towMhrp^°park. 
equal  to  or  exceeding  one-tenth  of  the  total  vote  cast  in  such 
township  at  the  general  or  township  election  next  preced- 
ing, file  a  petition  with  the  township  trustees  for  proceed- 
ings to  establish  a  free  public  park  for  such  township,  they 
shall  certify  that  fact  to  the  court  of  common  pleas  of  the 
county,  which  court,  or  a  judge  thereof,  shall  appoint  a 
board  of  park  commissioners  for  such  township.  (97  v. 
411  §  1.) 

Section  3417.  The  board  of  park  commissioners  shall  Report  of  board 
call  to  their  assistance  one  or  more  skilled  landscape  archi-  H^^"  «^*®  *°^ 
tects,  and,  if  desired,  other  expert  advice,  as  to  suitable 
places  for  the  location  of  such  park.  They  shall  make  a 
written  report  to  the  township  trustees  of  their  findings 
and  recommendations,  with  an  estimate  of  the  cost  of  the 
land  recommended  for  park  purposes.  Before  fQing  such 
written  report,  they  may  take  options  and  receive  bids  from 
owners  of  land  for  park  purposes.     (97  v.  411  §  2.) 

Section  3418.  Upon  filing  such  report,  the  township  Notice  of  arub- 
trustees  shall  direct  the  township  clerk  to  give  thirty  days'  SllSt??n.°' 
notice  by  posting  in  five  public  places  in  the  township, 
and  by  publication  in  one  or  more  newspapers  of  general 
circulation  therein,  that  an  election  will  be  held  at  the  next 
general  or  township  election  to  determine  whether  a  free 
public  park  shall  be  established  for  the  township,  and  the 
estimated  cost  of  the  land  recommended  for  that  purpose. 
(97  V.  412  §  3.) 

Section  3419.     The  trustees  shall  also  direct  the  clerk  Form  of  bauot. 
to  file  written  notice  with  the  proper'  authority,  having  ^ 

charge  of  the  preparation  of  official  ballots,  that  such  elec- 
tion will  be  held  and  that  there  shall  be  written  or  printed 
on  the  ballots,  ''For  free  public  park,  yes",  or  "For  free 
public  park,  no".  If  a  majority  of  the  votes  cast  is  in 
favor  of  the  proposition,  a  free  public  park  shall  be  estab- 
lished for  such  township.  If  a  majority  of  the  votes  cast  is  • 
against  the  proposition,  such  board  of  park  commissioners 
shall  be  abolished  and  the  township  trustees  shall  provide 
for  and  pay  all  proper  expenses  by  it  so  incurred.  (97  v. 
412  §  3.) 

Section  3422-1.  Whenever  in  their  opinion  the  in-  J^^'J'^rk 'ilnSi* 
terests  of  the  township  so  require  the  board  of  park  com- 
missioners may  submit  the  question  of  selling  the  whole  or 
any  part  of  any  lands  so  held  by  them,  and  when  any  num- 
ber of  electors  in  a  township  including  all  municipal  cor- 
porations therein  equal  to  or  exceeding  one-tenth  of  the 
total  vote  cast  in  such  township  at  the  general  election  next 
preceding  file  a  petition  with  the  said  board  of  park  com- 


208 


SPECIAL   ELECTIONS — TOWNSHIPS. 


PARKS. 


Notice  of 
election. 


missioners  asking  for  a  sale  of  the  whole  or  any  part  of  any 
lands  so  held  by  them,  which  real  estate  or  buildings  is 
specifically  described  therein,  said  board  of  park  commis- 
sioners shall  submit  the  question  of  such  sale  to  the  elec- 
tors of  such  township  including  all  municipal  corporations 
therein  at  any  general  election,  or  at  a  special  election 
called  by  said  board  for  such  purpose.  The  board  of  park 
commissioners  shall  give  twenty  days'  notice  by  posting 
in  five  public  places  in  the  township  and  by  publication  in 
one  or  more  newspapers  of  general  circulation  therein 
that  an  election  will  be  held  on  the  date  named  in  said 
notice  to  determine  whether  or  not  said  lands  shall  be 
sold.  The  board  of  park  commisioners  shall  file  written 
notice  with  the  proper  authority  having  charge  of  the 
preparation  of  official  ballots,  that  such  election  will  be 
held,  and  there  shall  be  written  or  printed  on  the  ballot, 
"The  question  as  to  the  sale  of  parks  lands",  ''Sale — Yes" 
and  ''Sale— No."  The  returns  of  such  election  shall  be 
canvassed  by  the  clerk  of  said  township  and  the  result 
forthwith  certified  to  the  board  of  park  commissioners,  and 
if  a  majority  of  the  electors  voting  upon  such  question 
have  voted  ' '  Sale — Yes ' ',  said  board  of  park  commissioners 
shall  sell  and  convey  said  land  for  the  best  price  obtain- 
able therefor,  and  said  park  commissioners  shall  make  and 
Affidavit  of  park  file  with  the  township  clerk  an  affidavit  showing  that  the 
'  same  was  sold,  to  whom,  stating  the  amount  received,  and 

that  it  was  sold  for  the  best  price  obtainable  therefor.     (101 
V.  130.) 


Form  of  ballots. 


commissioners. 


Tax  levy  to  de- 
fray   expenses. 


Section  3423.  To  defray  the  expenses  of  purchasing, 
appropriating  and  improving  lands  for  park  purposes  and 
maintaining  them  as  a  free  public  park,  the  township  park 
commissioners  may  levy,  each  year,  a  sufficient  tax,  not  to 
exceed  one  mill  on  each  dollar  of  valuation  on  all  real  and 
personal  property,  including  property  within  any  munic- 
ipal corporation  within  the  limits  of  the  township,  over  and 
above  all  other  taxes  and  limitations  thereon,  authorized  by 
law,  unless  the  question  of  increasing  such  levy  is  submitted 
to  and  approved  by  a  vote  of  the  electors  of  such  township, 
at  a  general  or  township  election.  Such  vote  shall  be  taken 
on  the  order  of  the  township  park  commissioners,  specify- 
ing the  additional  levy  they  desire  to  make  and  the  purpose 
for  which  it  is  desired.     (97  v.  413  §  7.) 


Submission  of 
question   of  in- 
creased   levy. 


Section  3424.  On  the  making  of  such  order  the  town- 
ship clerk  shall  give  notice  at  least  thirty  days  before  the 
election  that  the  vote  will  be  taken,  by  posting  printed 
notices  in  at  least  five  public  places  therein,  and  by  publica- 
tion in  not  less  than  one  newspaper  of  general  circulation 
therein.    The  electors  who  favor  the  proposition  shall  have 

printed  or  written  on  their  ballot  " 

park  improvement  (naming  it) — yes;"  and  those  opposed 


SPECIAL   ELECTIONS — TOWNSHIPS.  209 

PARKS. 

to  the  proposition  shall  have  printed  or  written  on  their  bal- 
lots ' ' park  improvement  (naming 

it)— no."  If  a  majority- of  all  the  votes  cast  upon  the 
proposition  is  in  favor  of  it,  the  township  park  commission- 
ers may  levy  the  additional  tax.    (97  v.  413  §  7.) 

Section  3427-2.  In  paying  any  expenses  of  park  man-  J^X"7'^^?o  \ 
agement  and  improvements  authorized  by  section  1  of  this  uons  aSSTev?" 
act  the  township  trustees  may  appropriate  and  use  for  such  **^- 
purposes  any  funds  in  the  township  treasury  then  unap- 
I)ropriated  for  any  other  purpose.  Should  there  be  no  avail- 
able funds  in  the  township  treasury  or  not  sufficient  in 
amount  to  pay  for  the  desired  park  management  and  im- 
provements in  any  year,  the  township  trustees  are  author- 
ized and  empowered  to  levy  a  tax  to  pay  for  such  park  man- 
agement and  improvements,  which  tax  shall  be  levied  upon 
all  of  the  taxable  property  in  the  township  and  shall  be  cer- 
tified, levied  and  collected  in  the  manner  prescribed  by  law 
for  the  certification,  levy  and  collection  of  other  township 
taxes,  and  the  money  so  raised  shall  be  paid  over  to  the 
township  treasurer  and  by  him  paid  out  on  the  order  of  the 
township  trustees  certified  by  the  township  clerk ;  provided, 
however,  that  if  a  sum  greater  than  two  thousand  dollars 
is  to  be  expended  by  said  trustees  for  park  management  and 
improvement  purposes  in  any  one  year,  and  such  sum  is  not 
available  from  any  unappropriated  money  in  the  township 
treasury,  before  any  tax  for  park  management  and  im-  when^tax  levy 
provement  purposes  shall  be  levied  which  will  amount  to  mitted  to  eiec- 
more  than  two  thousand  dollars,  the  question  of  levying  {?mV  of °eiecti!!I!' 
such  additional  tax  shall  be  submitted  to  and  approved  by 
the  majority  of  the  electors  of  the  township  voting  on  the 
question.  If  such  election  shall  be  necessary,  it  shall  be 
called  at  a  regular  meeting  of  the  township  trustees  and 
shall  be  held  within  thirty  days  from  the  dat6  of  the  resolu- 
tion calling  the  same.  Twenty  days'  notice  of  said  election 
shall  be  given  by  the  posting  of  notices  thereof  by  the  town- 
ship clerk  in  ten  public  places  in  the  township,  and  provi- 
sions for  the  holding  of  said  election  shall  be  made  by  the 
deputy  state  supervisors  of  elections  upon  receiving  from 
the  clerk  of  the  township  notice  of  the  date  and  purpose  of 
said  election;  provided,  however,  that  nothing  in  this  act 
shall  in  any  way  or  manner  repeal,  affect  or  modify  any  law 
relating  to  park  commissioners  now  in  force,  or  to  prevent 
the  appointment  of  any  park  commissioners  in  the  future, 
or  to  repeal,  aifect  or  modify  the  authority  of  park  commis- 
sioners now  appointed  or  hereafter  appointed.  (106  v. 
279.) 


210 


SPECIAL   ELECTIONS — -TOWNSHIPS. 


Sec.  3410-1. 

Authority  to 
build  memorial 
to  soldiers,  sail- 
ors,   etc. ;   peti- 
tion. 


Sec.  3410-2. 

Copy  of  petition 
filed  with  deputy 
state  super- 
visors; submis- 
sion of  question. 


MEMORIAL  BUILDING. 

Section  1.  Whenever  there  is  presented  to  the  trus- 
tees of  a  township,  or  townships,  a  petition  signed  by  not 
less  than  fifteen  per  cent  of  the  electors  of  such  township  or 
townships  as  shown  at  the  last  preceding  general  election 
held  therein,  requesting  the  submission  to  the  electors  of 
such  township  or  townships  of  the  question  of  issuing  bonds 
in  an  amount  not  exceeding  $100,000  for  the  purpose  of 
purchasing  a  site,  if  necessary,  and  erecting  and  furnishing 
a  memorial  building,  or  erecting  a  suitable  and  appropriate 
monument,  statue  or  memorial  to  commemorate  the  services 
of  the  soldiers,  sailors  and  marines  of  such  township  or 
townships  and  of  maintaining  same,  the  trustees  shall  pro- 
vide by  resolution  for  the  submission  of  such  question  to 
the  electors  of  such  township  or  townships  at  a  special  or 
the  next  general  election. 

In  case  the  petitions  are  filed  in  two  or  more  town- 
ships requesting  the  submission  of  such  question  the  total 
amount  of  bonds  estimated  for  such  purpose  shall  be  divided 
among  such  townships  in  proportion  to  the  tax  valuation 
of  such  townships  as  shown  by  the  tax  duplicate.  (Pt.  I, 
108-542.) 

Section  2.  The  clerk  of  such  township  or  townships 
shall  file  a  certified  copy  of  such  resolution  with  the  board 
of  deputy  state  supervisors  of  elections  or  board  of  deputy 
state  supervisors  and  inspectors  of  elections,  as  the  case 
may  be,  of  the  county  not  less  than  thirty  days  before  the 
election  at  which  the  question  is  to  be  voted  upon  and  shall 
give  notice  of  the  submission  of  such  question  to  the  elec- 
tors at  said  election  by  publication  in  a  paper  of  general 
circulation  in  the  township  or  townships  and  published  in 
the  county,  once  a  week  for  three  weeks  before  the  election, 
and  if  there  be  no  such  paper,  by  posting  said  notice  in  five 
public  places  in  the  township  or  townships  for  three  weeks 
prior  to  the  election.  The  form  of  the  ballot  for  such  elec- 
tion shall  be  as  follows : 

For  the  issuance  of  bonds  for  the  erection  of  a  me- 
morial. 

Against  the  issuance  of  bonds  for  the  erection  of  a  me- 
morial.    (Pt.  I,  108-542.) 


Sec.  3410-3. 

Result  certified 
to  township 
clerk;  bond  Is- 
sue; tax  levy. 


Section  3.  The  election  officers  shall  forthwith  certify 
the  result  of  such  election  to  the  clerk  of  the  township  or 
townships  and  the  township  trustees  shall  make  a  record  of 
such  result.  If  a  majority  of  the  votes  cast  on  such  ques- 
tion be  in  favor  of  the  issuance  of  bonds  for  such  purpose, 
the  township  trustees  shall  thereupon  issue  the  bonds  of 
the  township  in  the  amount  specified  in  the  petition  filed  as 
authorized  in  section  one  of  this  act.  Such  bonds  shall  be 
of  the  denomination  and  shall  run  for  such  period  or  periods 
of  time  as  the  trustees  shall  determine.    They  shall  be  ex- 


SPECIAL   ELECTIONS — TOWNSHIPS.  211       j 

< 

MEMORIAL  BUILDING.  ^ 

ecuted  as  are  other  bonds  of  the  township  and  shall  express  i 
on  their  face  the  purpose  for  which  they  are  issued,  shall 

bear  interest  at  a  rate  not  to  exceed  six  per  cent  per  an-  i 

num,  payable  semi-annually,  and  shall  be  sold  for  not  less  i 
than  par  and  accrued  interest.    Said  bonds  shall  be  offered 

and  sold  in  the  manner  provided  in  sections  1465-58,  2294  1 

nnd  2295  of  the  General  Code.     The  township  trustees  shall  ! 

at  the  time  such  bonds  are  authorized  to  be  issued,  provide  \ 

for  levying  and  collecting  annually  by  taxation  an  amount  i 

sufficient  to  pay  the  interest  thereon  and  to  create  a  sinking  : 

fund  for  their  redemption  at  maturity,  and  shall  levy  an-  .  \ 

nually  a  sufficient  tax  for  such  purpose.     (Pt.  I,  108-542.)  '■ 


CEMETERIES. 

Section  3441.  Township  trustees  may  accept  a  con-  Trustees  may 
veyance  of,  or  purchase,  and  inclose,  improve,  and  protect  ?o?"ceme\e?fM. 
such  lands  in  one  or  more  places  within  the  township  as 
they  deem  necessary  and  proper  for  cemetery  purposes.  If 
suitable  lands  cannot  be  procured  by  contract  on  reasonable 
terms,  they  may  appropriate  lands  therefor,  not  to  exceed 
ten  acres,  by  proceedings  in  accordance  with  the  provisions 
of  law  regulating  the  appropriation  of  private  property  by 
municipal  corporations.     (R.  S.  Sec.  1464.) 

Section  3444.  To  defray  the  expenses  of  such  pur-  i^^vy^  andjaiea 
chase  or  appropriation,  inclosing  and  improving  of  such 
lands,  the  trustees  may  levy  for  one  or  more  years  a  tax 
sufficient  for  that  purpose,  not  to  exceed  two  thousand  dol- 
lars in  any  one  year,  and  each  year  thereafter  such  sum  as 
may  be  necessary  for  the  needful  care,  supervision,  repair, 
and  improvement  of  such  cemeteries.     (R.  S.  Sec.  1465.) 

Sectioi<^445.  Before  such  purchase  or  appropriation  vote  may  be 
is  made  or  conveyance  accepted  the  question  of  establish-  ^^®°- 
ment  of  such  cemetery,  on  the  order  of  the  trustees,  or  the 
written  application  of  any  six  electors  of  the  township,  shall 
be  submitted  to  a  vote  of  the  electors  of  the  township  at  a 
regular  annual  election.  Such  order  or  application  shall 
specify  as  near  as  may  be  the  proposed  location  of  such 
cemetery,  and  the  estimated  cost  thereof,  including  inclos- 
ing and  improving  it.     (R.  S.  Sec.  1465.) 

Section  3446.     On  the  making  of  such  order  or  the  Notice^of^eiec- 
filing  of  such  application,  and  at  least  twenty  days  before 
the  election,  the  clerk  shall  post  written  notices  in  at  least 
three  public  places  in  the  township,  that  the  vote  will  be 
taken.    The  electors  who  favor  the  proposition  shall  place 


212 


SPECIAL   ELECTIONS — TOWNSHIPS. 


CEMETERIES. 


on  their  ballots  for  township  offices  the  word  "cemetery". 
If  a  majority  of  the  votes  given  at  such  election  on  such 
proposition  is  in  favor  thereof,  the  trustees  shall  procure 
the  lands  for  that  purpose  and  levy  taxes  as  hereinbefore 
provided.     (R.  S.  Sec.  1465.) 


FOOT-  BRIDGES. 


Trustees    em- 
powered to  con- 
struct as  means 
of  access;  to 
schools. 


Section  7562-1.  That  the  trustees  of  any  township 
are  authorized  and  empowered  to  construct,  rebuild  and  re- 
pair foot-bridges  across  the  rivers  and  streams  in  their  re- 
spective townships  when  they  may  deem  it  necessary  so  to 
do  in  order  to  provide  convenient  means  of  access  to  the 
public  schools  of  their  said  township  by  the  pupils  residing 
in  the  school  district,  wherein  a  public  schoolhouse  is  lo- 
cated ;  but  in  no  case  shall  the  cost  of  the  aforesaid  construc- 
tion, rebuilding  or  repair  of  any  said  foot-bridge  exceed  the 
sum  of  one  thousand  dollars.     (104  v.  198.) 


Submission  of 
question  as  to 
tax  levy. 


Section  7562-2.  Said  township  trustees  are  author- 
ized to  pay  the  cost  of  the  construction,  rebuilding  or  repair 
of  such  said  bridges  out  of  any  funds,  unappropriated  for 
any  other  purpose  and  in  the  township  treasury.  Should 
there  be  no  funds  in  the  township  treasury  available  for  the 
aforesaid  purposes,  then  the  said  trustees  are  authorized  and 
empowered  to  levy  a  tax  for  the  purpose  of  procuring  the 
necessary  funds  for  the  construction,  rebuilding  or  repair  of 
said  bridges,  which  said  tax  shall  be  levied  upon  all  of  the 
taxable  property  in  said  township,  and  shall  be  certified, 
levied  and  collected  in  the  manner  prescribed  by  law  for  the 
certification,  levy  and  collection  of  other  township  taxes, 
and  the  money  so  raised  shall  be  paid  over  to  the  township 
treasurer  and  by  him  paid  out  on  the  order  of  the  township 
trustees  certified  by  the  township  clerk ;  provided,  however, 
that  said  tax  shall  not  be  levied  until  the  same  has  been 
'approved  by  a  majority  of  the  qualified  voters  of  said 
township  voting  at  any  election  at  which  said  question 
shall  be  submitted.     (104  v.  198.) 


Election. 


Section  7562-3.  Said  election  shall  be  called  at  a 
regular  meeting  of  the  township- trustees  and  shall  be  held 
within  thirty  days  from  the  date  of  the  resolution  of  the 
township  trustees  calling  the  same.  Twenty  days'  notice 
of  said  election  shall  be  given  by  the  posting  of  notices 
thereof,  by  the  township  clerk,  in  ten  public  places  of  said 
to\^^Qship,  and  provisions  for  the  holding  of  said  election 
shall  be  made  by  the  deputy  state  supervisors  of  elections 
upon  receiving  notice,  from  the  clerk  of  the  township,  of  the 
date  and  purpose  of  said  election.     (104  v.  198.) 


SPECIAL  ELECTIONS — MUNICIPALITIES. 


213 


MUNICIPALITIES. 
SURRENDER  OF  CORPORATE  POWERS. 

Section  3513.     Villages  may  surrender  their  corporate  how  vuiages 
powers  upon  petition  to  council  of  at  least  forty  per  cent.   *?.*[  8""ender 
of  the  electors  thereof,  to  be  determined  by  the  number  powers!''"'''*'"^* 
voting  at  the  last  municipal  election,  and  an  affirmative 
vote  of  a  majority  of  such  electors,  at  a  special  election 
\\  hich  shall  be  provided  for  by  council,  and  conducted,  can- 
\'assed,  and  the  result  certified  and  made  known  as  regular 
municipal  elections  within  the  corporation.     If  the  result 
of  the  election  is  in  favor  of  such  surrender,  the  clerk  of 
the  village  shall  certify  the  result  to  the  secretary  of  state 
and  the  recorder  of  the  county,  who  shall  record  it  in  their 
respective  offices,  and  thereupon  the  corporate  powers  of 
such  village  shall  cease.     (96  v.  21  §  4.) 

MUNICIPAL  CHARTER  ACT. 

Section  3515-1.    Whenever  electors  of  any  munici-  petition  for  sub- 
pality  equal  in  number  to  ten  percentum  of  those  who  voted  JJon*'""  orglniJ- 
at  the  last  regular  municipal  election,  shall  file  a  petition  ing  municipality 
with  the  board  of  deputy  state  supervisors  of  elections  or  puim^  specific 
board  of  deputy  state  supervisors  and  inspectors  of  election, 
as  the  case  may  be,  of  the  county  in  which  such  municipality 
is  situated,  asking  that  the  question  of  organizing  the  munic- 
ipality under  any  one  of  the  plans  of  government  provided 
in  this  act  be  submitted  to  the  electors  thereof,  said  board 
shall  at  once  certify  that  fact  to  the  council  of  the  munic-  • 
ipality  and  the  council  shall,  within  thirty  days,  provide 
for  submitting  such  question  at  a  special  election  to  be 
held  not  less  than  sixty  nor  more  than  ninety  days  after 
the  filing  of  such  petition.     Any  such  election  shall  be  con- 
ducted in  accordance  with  the  general  election  laws  of  the 
state  except  as  otherwise  provided  in  this  act  and  the  coun- 
cil of  any  municipality  holding  such  an  election  shall  ap- 
propriate whatever  money  may  be  necessary  for  the  proper 
conduct  thereof.     (103  v.  767.) 

Municipalities  may  determine  their  oflBcers  and  the  method  of  their  selection, 
nomination  and  election.  The  provisions  of  Section  7,  Article  18  of  the  Consti- 
tution, authorizing  municipal  charters,  are  subject  to  provisions  of  Section  3, 
Article  18,  authorizing  local  self-government. 

Fitzgerald  v.  Cleveland.  88  0.  S.  338. 

Section  2.     The  proposition  to  adopt  a  plan  of  govern-  ^^^}^^  l?Q^i- 
ment  provided  in  this  act  shall  not  be  submitted  to  the  tion  of  choosinR 
electors  of  any  municipality  less  than  ninety  days  before  JJaTe'^lhart^r. 
a  regular  municipal  election.      If  in  any  municipality,  a 
sufficient  petition  is  filed,  requiring  that  the  question  of 
choosing  a  commission  to  frame  a  charter  be  submitted  to 
the  electors  thereof,  the  proposition  to  adopt  a  plan  of 
government  provided  in  this  act  shall  not  be  submitted 
in  that  municipality  as  long  as  the  question  of  choosing 
such  commission  or  adopting  a  charter  framed  thereby  is 


214 


SPECIAIj  elections — MUNICIPALITIES. 


MUNICIPAL  CHARTER  ACT. 


Form   of   ballot 
in    submitting 
question   of  or- 
ganizing   under 
plan. 


Mailing  copies 
of  plan  to 
electors. 


Filing    argu- 
ments for  and 
against. 


Result  of 
adoption. 


pending  therein.  In  any  municipality  while  the  proposi- 
tion of  adopting  any  one  of  the  three  forms  of  government 
herein  provided  for  is  pending,  then  no  other  proposition 
herein  provided  for  shall  be  submitted  until  said  pending 
proposition  is  adopted  or  rejected.     (103  v.  767.) 

Section  3.  In  submitting  the  question  of  organizing 
under  any  one  of  the  plans  of  government  provided  in  this 
act  to  the  electors  of  any  municipality  the  board  of  deputy 
state  supervisors  of  elections  or  board  of  deputy  state  su- 
pervisors and  inspectors  of  elections,  as  the  case  may  be, 
shall  cause  to  be  printed  on  the  ballots  the  following  ques- 
tion, ''Shall  the  (name  the  plan)  plan  of  government,  as 
provided  in  chapter  ....  section  ....  of  the  General  Code 
of  Ohio  be  adopted?  Immediately  following  such  question 
there  shall  be  printed  on  the  ballots  the  following  proposi- 
tions in  the  order  here  set  forth : 

'  *  For  the  adoption  of  the  ( )  plan. ' ' 

''Against  the  adoption  of  the  ( )  plan." 

When  the  question  is  on  the  adoption  of  the  federal 
plan  of  government  there  shall  also  be  submitted  the  ques- 
tion "For  councilmen-at-large, "  and  "For  councilmen-by- 
wards. ' ' 

There  shall  also  be  printed  on  the  ballots  at  any  such 
election  the  following  supplementary  proposition: 

' '  For  the  adoption  of  the  recall. ' ' 

"Against  the  adoption  of  the  recall." 

Immediately  to  the  left  of  each  of  the  propositions 
shall  be  placed  a  square  in  which  the  electors  by  making 
a  cross  (X)  mark  may  vote  for  or  against  any  such  propo- 
sitions. 

At  least  thirty  days  prior  to  any  such  election  the  dep- 
uty state  supervisors  of  elections  or  board  of  deputy  state 
supervisors  and  inspectors  of  elections,  as  the  case  may  be, 
of  the  county  shall  mail  a  copy  of  the  proposed  plan  of 
government  and  the  supplementary  propositions  as  specified 
in  this  act  to  each  elector  of  the  municipality  whose  name 
appears  on  the  poll  or  registration  books  of  the  last  regular 
general  election,  and  each  such  copy  shall  contain  on  the 
front  cover  thereof  a  fac-simile  ballot  and  the  date  and 
hours  of  such  election.  Any  elector  may,  at  least  forty  days 
prior  to  such  election  file  with  said  board  a  written  argu- 
ment of  not  more  than  three  hundred  words  for  or  against 
any  proposed  plan  of  government  or  for  or  against  any 
other  proposition  submitted  and,  upon  payment  of  the  cost 
of  printing,  said  board  shall  cause  the  same  to  be  printed 
and  a  copy  thereof  mailed  with  the  copy  of  the  proposed 
plan  to  each  elector  or  otherwise  distributed  to  every  voter 
as  far  as  practicable.     (103  v.  767.) 

Section  4.  If,  when  submitted  in  any  municipality 
the  proposition  of  adopting  a  plan  of  government  provided 
in  this  act  is  approved  by  a  majority  of  those  voting  there 


SPECIAL  ELECTIONS — MUNICIPALITIES.  216 

MUNICIPAL  CHARTER  ACT. 

on,  such  plan,  together  with  any  of  the  supplementary 
propositions  that  may  have  been  approved  by  a  majority 
of  the  electors  voting  thereon,  shall  become  the  charter  of 
such  municipality.  When  so  adopted,  this  act  shall  go  into 
effect  immediately,  in  so  far  as  it  applies  to  the  nomination 
and  election  of  officers  provided  for  herein  and  in  all  other 
respects  it  shall  go  into  effect  upon  the  first  day  of  January 
following  the  next  regular  municipal  election.  All  officers 
of  any  plan  of  government  superseded  by  the  adoption 
of  any  plan  provided  in  this  act,  except  members  of  the 
commission  or  council,  shall  continue  in  office  and  in  the 
performance  of  their  duties  until  the  commission  or  council 
elected  hereunder  shall  have  provided  by  ordinances  for 
the  performance  of  the  duties  of  such  officers,  whereupon 
the  terms  of  all  such  officers  shall  expire  and  their  offices 
be  deemed  abolished.     (103  v.  768.) 

Section  5.  In  any  municipality  where  a  plan  of  gov-  submiasion  of 
eminent  provided  in  this  act  has  been  adopted  any  of  the  projisufo^nr^ 
supplementary  propositions,  not  previously  adopted,  may 
be  independently  submitted  to  the  electors  at  any  municipal 
election  in  the  manner  provided  for  submitting  the  question 
of  adopting  such  plan  of  government.  If  the  proposition 
to  adopt  a  plan  of  government  provided  in  this  act  is  re- 
jected by  the  electors  of  a  municipality,  it  shall  not  again  be 
submitted  in  that  municipally  within  one  year  thereafter. 
(103  V.  769.) 

Section  6.     Immediately  after  an  election  upon  the  Board  shaii  me 
adoption  of  any  plan  of  government  or  proposition  provided  rl^ufof  dec- 
herein  the  board  of  deputy  state  supervisors  of  elections  tion. 
or  board  of  deputy  state  supervisors  and  inspectors  of  elec- 
tions, as  the  case  may  be,  of  the  county  in  which  such  elec- 
tion is  held  shall  file  with  the  secretary  of  state  a  certificate 
of  the  results  thereof.     (103  v.  769.) 

ARTICLE  n.      ELECTION  PROVISIONS. 

Section  1.  Applicable  to  each  plan.  The  sections  of  Applicable  to 
this  Article  shall  apply  to  and  be  a  part  of  each  of  the  g^vemSJSt.  °^ 
plans  of  government  provided  in  this  act.     (103  v.  769.) 

Section  2.  Nominations  and  elections.  Regular  mu-  ^^^^^^^^^^^ 
nicipal  elections  shall  be  held  on  the  first  Tuesday  after  anT  "fectrons. 
the  first  Monday  in  November  in  the  odd  numbered  years, 
and  shall  be  conducted  and  the  results  canvassed  and  an- 
nounced by  the  regular  election  authorities.  Candidates 
to  be  voted  for  at  the  regular  municipal  elections  shall  be 
nominated  as  provided  by  law.     (103  v.  769.) 

Section  3.    Ballots.    The  ballots  used  in  all  elections  H^^^^^i.^J^f  *" 
provided  for  in  this  act  shall  be  without  party  marks  or   priruine  m 
designations.    The  names  of  candidates  on  such  ballot  shall 
be  printed  in  rotation  as  follows:     The  ballots  shall  be 
printed  in  as  many  series  as  there  are  candidates  for  the 


216 


SPECIAL  ELECTIONS — MUNICIPALITIES. 


MUNICIPAL  CHARTER  ACT. 


Who    declared 
elected. 


office  for  which  there  is  the  greatest  number  of  candidates. 
The  whole  number  of  ballots  to  be  printed  shall  be  divided 
by  the  number  of  series  and  the  quotient  so  obtained  shall 
be  the  number  of  ballots  in  each  series.  In  printing  the 
first  series  of  ballots  the  names  of  candidates  for  each  office 
shall  be  arranged  in  alphabetical  order  under  the  title 
thereof.  After  printing  the  first  series  the  first  name  in 
each  list  of  candidates  for  the  various  offices  shall  be  placed 
last  in  such  list  and  the  next  series  printed,  and  the  process 
shall  be  so  repeated  until  each  name  in  the  largest  list  of 
candidates  shall  have  been  printed  first  an  equal  number 
of  times.  The  ballots  so  printed  shall  then  be  combined 
in  tablets,  so  as  to  have  the  fewest  possible  ballots  having 
the  same  order  of  names  printed  thereon  together  in  the 
same  tablet.  The  ballots  shall  in  all  other  respects  con- 
form as  nearly  as  may  be  to  the  ballots  prescribed  by  the 
general  election  laws  of  the  state.     (103  v.  769.) 

Section  4.  Regular  election.  The  candidates  at  the 
regular  municipal  election,  equal  in  number  to  the  places 
to  be  filled  in  each  office,  who  received  the  highest  number 
of  votes,  shal  be  declared  elected.  In  case  it  cannot  be  de- 
termined which  of  two  or  more  candidates  shall  be  declared 
elected,  by  reason  of  the  fact  that  they  have  received  the 
same  number  of  votes,  the  election  authorities  shall  deter- 
mine by  lot  which  of  said  candidates  shall  be  declared 
elected.     (103  v.  770.) 


Initiative   and 
referendum   ap- 
plicable to 
each  plan. 


Removal  by  re- 
call ;   procedure. 


AETICLE  VII.      INITIATIVE,  REFERENDUM  AND  RECALL. 

Section  1.  Adoption.  All  laws  pertaining  to  the 
initiative  and  referendum  in  municipalities  shall  apply  to 
and  become  a  part  of  each  plan  of  government  provided 
for  in  this  act.  The  provisions  of  section  2  of  this  article 
shall  be  submitted  to  the  electors  of  the  municipality  as 
prescribed  in  article  1,  section  3  hereof,  with  each  and  every 
plan  of  government,  provided  herein.  Section  2  of  this 
article  shall  form  a  part  of  any  such  plan  of  government 
and  go  into  effect  in  such  municipality  only  to  the  extent 
to  which  the  provisions  shall  have  been  adopted  as  provided 
in  article  I,  section  3  hereof.     (103  v.  784.) 

Section  2.  The  recall.  Any  elective  officer  of  any 
municipality  may  be  removed  from  office  by  the  qualified 
voters  of  such  municipality.  The  procedure  to  effect  such 
removal  shall  be  as  follows : 

(1).  A  petition  signed  by  qualified  electors  equal  in 
number  to  at  least  fifteen  per  cent,  of  the  total  votes  cast 
at  the  last  preceding  general  municipal  election,  and  de- 
manding the  election  of  a  successor  to  the  person  sought  to 
be  removed,  shall  be  filed  with  the  deputy  state  supervisors 
of  elections  or  board  of  deputy  state  supervisors  and  in- 
spectors of  elections,  as  the  case  may  be,  which  petition 
shall  contam  a  general  statement  in  not  more  than  two 


SPECIAL  ELECTIONS — MUNICIPALITIES.  217 

MUNICIPAL  CHARTER  ACT. 

hundred  words  of  the  grounds  upon  which  the  removal  is 
sought.  The  form,  sufficiency  and  regularity  of  any  such 
petition  shall  be  determined  as  provided  in  the  general 
election  laws. 

(2).  If  the  petition  shall  be  sufficient,  and  if  the  per- 
son or  persons  whose  removal  is  sought  shall  not  resign 
within  five  days  after  the  sufficiency  of  the  petition  has  been 
determined,  the  council  shall  thereupon  order  and  fix  a  day 
for  holding  an  election  to  determine  the  question  of  his 
removal,  and  for  the  selection  of  a  successor  to  each  officer 
named  in  said  petition,  which  election  shall  be  held  not 
less  than  thirty  nor  more  than  forty  days  from  the  finding 
of  the  sufficiency  of  the  petition.  The  election  authorities 
shall  cause  publication  of  notice  and  all  arrangements  to 
be  made  for  holding  such  election,  and  the  same  shall  be 
conducted  and  the  result  thereof  returned  and  declared  in 
all  respects  as  are  the  results  of  general  municipal  elections. 

(3).  The  nomination  of  candidates  to  succeed  each 
officer  sought  to  be  removed  shall  be  made  without  the  in- 
tervention of  a  primary  election  by  filing  with  the  election 
authorities  at  least  twenty  days  prior  to  such  special  elec- 
tion, a  petition  proposing  a  person  for  each  such  office, 
signed  by  electors  equal  in  number  to  ten  per  cent,  of  the 
total  votes  cast  l  the  last  preceding  general  municipal 
election  for  the  head  of  the  ticket. 

(4).  The  ballots  at  such  recall  election  shall  conform 
to  the  following  requirements ;  with  respect  to  each  person 
whose  removal  is  sought,  the  question  shall  be  submitted: 
''Shall  (name  of  person)  be  removed  from  the  office  of 
(name  of  office)  by  recall?"  Immediately  following  each 
such  question,  there  shall  be  printed  on  the  ballots,  the^  two 
propositions  in  the  order  set  forth 

"For  the  recall  of  (name  of  person).'* 
"Against  the  recall  of  (name  of  person)." 

Immediately  to  the  left  of  the  proposition  shall  be 
placed  a  square  in  which  the  electors,  by  making  a  cross 
(X)  mark,  may  vote  for  either  of  such  propositions.  Un- 
der each  of  said  questions  shall  be  placed  the  names  of  can- 
didates to  fill  the  vacancy.  The  name  of  the  officer  whose 
removal  is  sought  shall  not  appear  on  the  ballot  as  a  can- 
didate to  succeed  himself. 

(5).  In  any  such  election,  if  a  majority  of  the  votes 
cast  on  the  question  of  removal  are  affirmative,  the  person 
whose  removal  is  sought  shall  thereupon  be  deemed  removed 
from  office  upon  the  announcement  of  the  official  canvass 
of  that  election,  and  the  candidate  receiving  the  plurality 
of  the  votes  cast  for  candidates  for  that  office  shall  be  de- 
clared elected.  The  successor  of  any  person  so  removed 
shall  hold  office  during  the  unexpired  term  of  his  predeces- 


218 


SPECIAL  ELECTIONS — MUNICIPALITIBS. 


MUNICIPAL  CHARTER  ACT. 

sor.  The  question  of  the  removal  of  any  officer  shall  not 
be  submitted  to  the  electors  until  he  shall  have  served  for 
at  least  one  year  of  the  term  during  which  he  is  sought  to 
be  recalled.  The  method  of  removal  herein  provided  is  in 
addition  to  such  other  methods  as  may  be  provided  by  law. 
If,  at  any  such  recall  election,  the  incumbent  whose  removal 
is  sought  is  not  recalled,  he  shall  be  repaid  from  the  city 
treasury  his  actual  and  legitimate  expenses  for  such  elec- 
tion, but  such  sum  shall  not  exceed  fifty  per  cent,  of  the  sum 
which  he  is  by  law  permitted  to  expend  as  a  candidate  at 
any  regular  municipal  election.     (103  v.  785.) 

INCORPORATION. 


Petition   to 
township  trus- 
tees  for   incor- 
poration. 


Section  3526.  When  the  inhabitants  of  any  territory 
or  portion  thereof  desire  that  such  territory  shall  be  incor- 
porated into  a  village,  they  shall  make  application,  by 
petition,  to  the  trustees  of  the  township  in  which  the  terri- 
tory is  located,  or,  if  the  territory  is  located  in  more  than 
one  township,  to  the  trustees  of  the  township  in  which  the 
majority  of  such  inhabitants  reside.  Such  petition  shall  be 
signed  by  at  least  thirty  electors  of  the  territory,  and  shall 
be  accompanied  by  an  accurate  map  of  the  territory,  and 
shall  contain  in  addition  to  the  matter  hereinbefore  re- 
quired to  be  set  forth  in  petitions  to  incorporate  territory 
laid  off  into  village  lots,  the  request  of  the  petitioners  that 
an  election  be  held  to  obtain  the  sense  of  the  electors  upon 
such  incorporation.  Such  petition  may  be  presented  at  a 
regular  or  special  meeting  of  the  township  trustees.  (R.  S. 
Sec.  1561a.) 


Note  : — Township  trustees  may  refuse  to  proceed  with  election  upon  question 
of  incorporation  of  village  until  expense  of  such  proceeding  is  paid  by  peti- 
tioners.    Atty.  Gen.   1-8-1908. 

Spf  of  IIT  Section  3527.    When  the  township   trustees  receive 

t^o"-  the  petition,  with  the  proof  that  the  persons  who  signed  it 

are  electors,  and  reside  within  the  limits  of  the  proposed 
incorporation,  and  that  a  majority  of  them  are  freeholders, 
they  shall  make  and  order  that  such  territory  shall,  with 
the  assent  of  the  qualified  voters  thereof  as  hereinafter 
provided,  be  an  incorporated  village  by  the  name  specified 
in  the  petition.  They  shall  also  include  in  such  order,  a 
notice  for  the  election  by  the  qualified  voters  residents  in 
the  territory,  at  a  convenient  place  therein  to  be  by  them 
named  on  a  day  within  fifteen  days  thereafter,  to  determine 
whether  such  territory  shall  be  incorporated.  The  town- 
ship trustees  shall  give  ten  days'  notice  of  such  election  by 
publication  in  a  newspaper  of  general  circulation  in  such 
territory,  and  cause  written  or  printed  notices  thereof,  to 
be  posted  in  three  or  more  public  places  in  such  territory 
proposed  to  be  incorporated.     (R.  S.  Sec.  1561b.) 


SPECIAL  ELECTIONS — MUNICIPALITIES. 


219 


INCORPORATION. 

Section  3528.     The  township  trustees  shall  be  judges  Election;  fom 
ol'  the  election,  and  the  township  clerk  shall  be  clerk  there-   '''  ^*"°*- 
of.     As  far  as  practicable,  tlie  election  shall  be  conducted        ^ 
in  the  manner  prescribed  for  the  election  of  township  offi- 
cers, and  the  ballot  shall  contain  the  words  *'For  incorpora- 
tion'' and  ''Against  incorporation."     If  a  majority  of  the 
ballots  cast  at  such  election  shall  contain  thereon  the  words 
''Against  incorporation,"  the  voters  of  such  territory  shall 
be  deemed  not  to  have  assented  to  the  incorporation  thereof, 
and  no  further  proceedings  shall  be  had  in  relation  thereto, 
but  this  shall  not  be  a  bar  to  other  proceedings  for  the 
same  purpose.     (R.  S.  Sec.  1561c.) 

Note; — The  submission  of  a  question  of  incorporation  is  governed  by  the 
special  provisions  of  this  section,  and  not  by  the  supervisory  election  law. 

Section  3529.  If  a  majority  so  cast  have  thereon  the  Proceedings  if 
words,  "For  incorporation,"  the  township  trustees  shall  jSauve. 
cause  to  be  entered  on  their  journal,  a  minute  of  all  their 
proceedings,  the  number  of  votes  cast  at  the  election,  the 
number  of  votes  cast  for  incorporation,  and  the  number 
cast  against  incorporation,  and  they  shall  then  declare  that 
such  territory  shall  from  that  time  be  deemed  an  incor- 
porated village,  and  shall  make  an  order  declaring  that 
such  village  has  been  incorporated  by  the  name  adopted. 
(R.  S.  Sec.  1561c.) 

Section   3530.     The  trustees  shall   make  a  certified  Transcript 
transcript  of  the  journal  entries  of  all  their  proceedings  *"    ^^^°^  ' 
and  a  majority  of  them  having  signed  it,  with  the  original 
petition  and  plat,  they  shall  deliver  it  to  the  county  record- 
er, who  shall  forthwith  make  a  record  of  the  petition  tran- 
script and  plat  or  map,  in  the  public  book  of  records,  and 
preserve  in  his  office  the  original  papers  delivered  to  him    » 
by  the  trustees,  and  certify  thereon  that  the  transcribed 
petition  and  map  are  properly  recorded.      When  the  re- 
corder has  so  made  such  record,  he  shall  certify  and  for- 
ward to  the  secretary  of  state  a  transcript  thereof.     (R.  S. 
Sec.  1561c.) 

Section  3536.  The  first  election  of  officers  for  such  Election  of 
corporation  shall  be  at  the  first  municipal  election  after  its 
creation,  and  the  place  of  holding  the  election  shall  be 
fixed  by  the  agent  of  the  petitioners.  Notice  thereof, 
printed  or  plainly  written,  shall  be  posted  by  him  in  three 
or  more  public  places  within  the  limits  of  the  corporation, 
at  least  ten  days  before  the  election.  The  election  shall 
be  conducted,  and  the  officers  chosen  and  qualified,  in  the 
manner  prescribed  for  the  election  of  township  officers, 
and  the  first  election  may  be  a  special  election  held  at  any 
time  not  exceeding  six  months  after  the  incorporation,  and 
the  time  and  place  of  holding  it  shall  be  fixed  by  such 
agent,  and  notice  thereof  shall  be  given  as  is  required 
herein  for  the  municipal  election.    (R.  S.  See.  1565.) 


officers. 


220 


SPECIAL  ELECTIONS — MUNICIPALITIES. 


ANNEXATION. 


Territory  of 
corporations 
shall  be  con- 

tiRUOUS. 


Section  3566.  When  the  inhabitants,  generally,  of  a 
municipal  corporation,  the  territory  of  which  is  contiguous 
and  adjoining  the  territory  of  another  municipal  corpora- 
tion, desire  to  be  annexed  to  such  other  corporation,  such 
annexation  shall  be  effected  in  the  manner  hereinafter  de- 
scribed.    (R.  S.  Sec.1606.) 


Submission   of 
question  to  vote. 


Submission   by 

ordinance 

ndopted. 


Petition. 


Order  by  both 
municipalities. 


Publication. 


Note  : — Our  law  does  not  provide  for  the  consolidation  of  two  municipal  | 
corporations.  One  such  corporation  must  be  annexed  to  the  other.  Atty.  Gen.  1 
6-23-1909.  j 

Section  3567.  The  council  of  the  corporation  pro-  i 
posing  such  annexation  shall  submit  the  question  of  annexa-  ) 
tion  to  the  electors  thereof,  and  the  council  of  the  corpora-  \ 
tion  to  which  annexation  is  proposed  to  be  made  shall  also  j 
submit  the  same  question  to  its  electors.     (R.  S.  Sec.  1607.) 

Section  3568.     The  submission  shall  be  by  ordinance    j 
adopted  by  the  council  of  each  corporation  at  least  thirty    \ 
days  prior  to  an  annual  election,  at  which  election  the   ] 
vote  shall  be  taken.     If  there  shall  be  presented  to  the    ■ 
council  of  a  municipality  proposed  to  be  annexed  to  an    ; 
adjoining  or  contiguous  municipality  a  petition  asking  for    '■ 
the  submission  of  the  question  of  annexation  to  a  vote    ; 
signed  by  twenty-five  per  cent,  or  more  of  the  resident    1 
electors  of  the  territory  to  be  annexed,  and  there  shall  ac-    \ 
company  said  petition  a  certificate  duly  verified  on  belief    j 
by  oath  from  the  clerk  of  the  board  of  deputy  state  super- 
visors and  inspectors  of  elections  or  from  the  clerk  of  the    , 
board  of  deputy  state  supervisors  of  elections  of  the  county  '\ 
in  which  said  municipality  is  located,  to  the  effect  that    ; 
the  petition  contain  equal  to  twenty-five  per  cent,  or  more    \ 
of  the  number  of  votes  cast  at  the  last  municipal  election    j 
in  the  territory  to  be  annexed,  the  councils  of  both  said    j 
municipalities  shall  order  the  question  of  annexation  to  be 
submitted  to  a  vote  at  the  next  general  election,  whether 
state,  county  or  municipal,  occurring  more  than  sixty  days 
after  the  filing  of  such  petition.     After  said  petition  has 
been  presented  to   council  the  names  of  signers  thereto 
shall  not  be  withdrawn  except  upon  proof  of  fraud,  ac- 
companied by  an  affidavit  duly  verified  by  oath  setting 
forth  the  facts  substantiating  the  same.     Each  ordinance 
shall  prescribe  the  manner  in  which  the  submission  shall 
be  made  and  shall  be  published  in  each  corporation  by 
posters  or  otherwise,  for  the  period  of  at  least  twenty  days 
prior  to  the  time  fixed  for  the  election  in  such  manner  as 
the  council  deems  most  expedient. 

If,  upon  the  presentation  of  said  petition  so  signed  to- 
gether with  the  certificate  of  the  clerk  of  the  board  of 
deputy  state  supervisors  and  inspectors  of  elections,  the 
council  of  the  municipality  proposed  to  be  annexed,  shall, 
for  twenty  days  after  the  presentation  of  said  petition  and 
certificate,  fail  to  pass  the  necessary  ordinance  for  the  pur- 


SPECIAL  ELECTIONS — MUNICIPALITIES.  221        ; 

ANNEXATION.  ] 

pose  of  causing  a  submission  of  the  question  of  annexation   I'rocedure  on  ] 
to  a  vote  of  the  electors  of  said  municipality,  then,  upon  ordina^lice.  ^*"        i 

the  presentation  of  a  copy  of  said  petition  and  certificate  \ 

to  the  county  commissioners  of  the  county  in  which  said  i 

municipality  is  situated,  it  is  hereby  made  the  duty  of  said  1 

commissioners  to  cause  the  question  of  annexation  of  the  ! 

said  municipality  to  be  submitted  at  the  next  general  elec-  ; 

tion  whether  state,  county  or  municipal,  occurring  more  ] 

than  sixty  days  after  the  presentation  of  said  petition  and  I 

certificate,  by  passing  a  resolution  directing  the  submission  ■ 

of  the  question  of  annexation  of  said  municipality  at  which  < 

lection  a  vote  sliall  be  taken  upon  the  question  of  annexa-  ! 

lou  and  the  resolution  shall  prescribe  the  manner  in  which  i 

ucli  submission  shall  be  made.     And  in  the  event  of  the  -i 

county  commissioners  causing  the  question  to  be  submitted  I 

to  the  electors  of  the  municipality  proposed  to  be  annexed,  '■ 

tlie  council  of  the  municipality  to  which  it  is  proposed  to  \ 

annex  said  territory  shall  pass  the  necessary  ordinance  as  : 

(liiected  by  this  act  for  the  purpose  of  submitting  the  ques-  i 

tion  of  annexation  to  the  electors  of  the  municipality  to  j 

which  it  is  proposed  to  annex.     (102  v.  442.)  ■ 

Section  3569.  If  a  majority  of  the  electors  of  each  Duty  of  council 
eoi-^poration,  voting  on  the  question  so  submitted,  is  in  favor  I 
of  annexation,  the  council  of  each  shall  thereupon  cause  : 
t't-  result  to  be  certified  to  the  other  corporation.  If  the  ; 
council  of  the  municipality  proposed  to  be  annexed  does  i 
not  within  twenty  days  after  the  election  cause  the  result  1 
to  be  certified  to  the  other  municipality  it  is  hereby  made  , 
the  duty  of  the  county  commissioners  of  the  county  in  ; 
which  such  municipality  is  located  to  certify  the  result  to 
such  municipality.  (101  v.  244.)  \ 
Section  3570.  The  council  of  each  corporation  shall  commissionem.  i 
then  appoint,  by  resolution  or  ordinance,  three  commis-  1 
sioners  to  arrange  the  terms  and  conditions  of  annexation,  ; 
and  report  the  result  of  their  action  to  the  council  of  their  ^ 
respective  corporations.  And  if  the  council  of  the  munici- 
pal corporation  proposed  to  be  annexed  shall  fail  to  ap-  \ 
point  such  commission  within  thirty  days  from  the  time  j 
the  result  of  election  is  certified,  then  the  county  com-  < 
missioners  of  the  county  in  which  said  municipal  corpora- 
tion, is  situated  shall  appoint  suoh  commissioners  for  said  i 
municipal  corporation,  and  t'r  ities  of  the  commissioners  ; 
thus  appointed  shall  be  the  same  as  those  of  commission-  j 
ers  appointed  by  the  council  except  that  they  shall  make  \ 
their  report  to  the  county  commissioners.  In  the  event  ; 
the  commissioners  of  the  municipal  corporation  proposed  .j 
to  be  annexed  shall  fail  to  agree  to  arrange  terms  and  Fanure^^to^^ar-  1 
conditions  of  annexation  with  the  annexation  commis-  ""'^®  i 
sioners  of  the  annexing  municipality  on  or  before  the  j 
first  day  of  May  following  the  election  in  favor  of  such  j 
annexation,  then,  the  county  commissioners  of  the  county  I 


222 


SPECIAL  ELECTIONS — MUNICIPALITIES. 


ANNEXATION. 


Report  of  com- 
missioners, ap- 
proval,   etc. 


Exlstlne 
contracts. 


in  which  such  municipal  corporations  are  situated  shall 
upon  complaint  of  the  commissioners  of  the  annexing  cor- 
poration appoint  commissioners  for  said  municipal  corpora- 
tion to  be  annexed,  which  commissioners  shall  be  residents 
of  the  territory  to  be  annexed,  and  the  duties  of  the  com- 
missioners thus  appointed  shall  be  the  same  as  those  of 
commissioners  appointed  by  the  council  except  that  they 
shall  make  their  report  to  tJie  county  commissioners.  (102 
V.  442.) 

Section  3571.  When  the  report  of  the  commissioners 
is  approved  by  ordinances  passed  by  each  corporation,  cer- 
tified copies  thereof,  signed  by  the  presiding  officer  of  the 
council  and  the  respective  auditors  or  clerks  of  each  cor- 
poration, and  authenticated  by  the  corporate  seal  of  each, 
if  any  there  be,  shall  be  filed  in  the  office  of  the  auditor  or 
clerk  of  the  corporation  to  which  annexation  is  proposed  to 
be  made.  Should  the  council  of  the  municipal  corporation 
proposed  to  be  annexed  fail,  for  a  period  of  three  consecu- 
tive weeks  after  the  report  of  the  commissioners  is  filed 
with  it,  to  approve  the  same,  it  is  hereby  made  the  duty 
of  the  county  commissioners  of  the  county  in  which  said 
municipal  corporation  is  located  to  act  for  said  corporation 
and  they  are  hereby,  for  that  purpose  invested  with  all 
the  powers  conferred  upon  the  council  in  this  section  and 
in  the  event  that  the  report  is  made  to  the  county  com- 
missioners as  provided  in  the  next  preceding  section,  then 
said  county  commissioners  are  authorized  to  approve  said 
report  by  resolution ;  provided  further  that  when  any  mu- 
nicipal corporation  is  annexed,  all  contracts  existing  and 
in  force  in  any  form  as  valid  and  subsisting  obligations 
upon  any  such  municipal  corporation  at  the  time  such  an- 
nexation is  consummated,  shall  not  extend  beyond  the  orig- 
inal limits  of  such  annexed  municipal  corporation  by  virtue 
of  such  annexation.     (101  v.  244.) 


DETACHMENT  OF  TERRITORY. 


Petitions  to  sub- 
mit question   of 
detachment 
of  territory. 


Section  3577-1.  The  inhabitants  residing  within  any 
portion  of  a  village,  such  portion  being  contiguous  to  an 
adjoining  township,  and  comprising  not  less  than  one  thou- 
sand five  hundred  acres  of  land,  may  file  with  the  board  of 
deputy  state  supervisors  and  inspectors  of  elections  in  said 
county  a  petition  requesting  that  an  election  be  held  to  ob- 
tain the  sense  of  the  electors  residing  within  said  portion 
of  such  village  upon  the  question  of  the  detachment  of  such 
portion  from  such  village,  or,  upon  the  question  of  the  de- 
tachment of  such  portion  from  said  village  and  the  erection 
of  such  detached  portion  into  a  new  township.  Said  peti- 
tion shall  contain  an  accurate  description  of  the  territory 
sought  to  be  detached,  together  with  an  accurate  map  or 
plat  thereof,  and,  if  the  erection  of  a  new  township  is  also 


SPECIAL  ELECTIONS — MUNICIPALITIES. 


328 


DETACHMENT  OF  TERRITORY. 

sought,  the  name  proposed  for  such  new  township;  also, 
the  name  of  a  person  to  act  as  agent  of  the  petitioners,  and 
shall  be  signed  by  not  less  than  twenty-five  electors  re- 
siding within  the  territory  sought  to  be  detached.  Within 
ten  days  after  the  filing  of  said  petition  with  the  board 
of  deputy  state  supervisors  and  inspectors  of  elections,  said 
board  shall  determine  whether  said  petition  conforms  to 
the  requirements  thereof.  If  it  does  not,  no  further  action 
shall  be  taken  thereon.  If  it  does,  said  board  shall  order  an 
election,  as  prayed  for  in  said  petition,  which  election  shall 
be  held  at  a  convenient  place  within  the  territory  sought 
to  be  detached  on  a  day  named  by  said  board,  which  day 
shall  be  not  less  than  ten  days,  nor  more  than  twenty  days, 
thereafter.  Said  board  shall  thereupon  give  ten  days*  notice 
of  such  election  by  publication  in  a  newspaper  of  gen- 
eral circulation  in  said  territory,  and  shall  cause  written  or 
printed  notices  thereof  to  be  posted  in  three  or  more  pub- 
lic places  therein.  Said  election  shall  be  conducted  as 
other  elections  are  conducted,  and  the  judges  and  clerks 
thereof  shall  be  designated  by  said  board  of  deputy  state 
supervisors  and  inspectors  of  elections.  The  ballots  shall 
contain  the  words  "for  detachment,"  and  "against  de- 
tachment." If  a  majority  of  the  ballots  cast  at  such  elec- 
tion shall  contain  thereon  the  words  "against  detachment," 
no  further  proceedings  shall  be  had  in  relation  thereto, 
but  this  shall  not  be  a  bar  to  other  proceedings  for  the 
same  purpose.  If  a  majority  of  the  votes  cast  have  thereon 
the  words  "for  detachment,"  the  result  of  such  election, 
together  with  the  original  petition  and  plat  and  a  transcript 
of  all  the  proceedings  of  said  board  of  deputy  state  super- 
visors and  inspectors  of  elections  in  reference  thereto  shall 
be  certified  by  said  board  and  delivered  to  the  county  re- 
corder, who  shall  forthwith  make  a  record  of  the  petition, 
and  plat,  and  transcript  of  all  the  proceedings  of  the  board 
of  deputy  state  supervisors  and  inspectors  of  elections,  and 
the  result  of  the  election,  in  the  public  book  of  records,  and 
preserve  in  his  office  the  original  papers  delivered  to  him 
by  said  board  of  deputy  state  supervisors  and  inspectors  of 
elections,  and  certify  thereon  that  the  transcribed  petition 
and  map  are  properly  recorded.  "When  the  recorder  has 
so  made  such  record,  he  shall  certify  and  forward  to  the 
secretary  of  state,  a  transcript  thereof.  The  detachment  of 
said  territory  from  said  village,  shall  thereupon  be  com- 
plete, and,  if  said  petition  included  a  request  that  such  ter- 
ritory be  erected  into  a  new  township,  said  territory  shall 
thereupon  constitute  and  be  a  new  township,  under  the 
name  and  style  specified  in  said  petition.  All  expense  in- 
volved in  the  holding  of  said  election,  and  in  the  filing,  re- 
■ording  and  transcribing  of  the  records  herein  provided  for, 
>liall  be  defrayed  by  the  petitioners,  and  said  board  of  dep- 
uty state  supervisors  and  inspectors  of  elections,  and  said 
county  recorder  may  require  the  payment  thereof  in  ad- 


When   election 
shall  be  ordered. 


Form  of  ballot; 
certification  of 
result  to  county 
recorder;  tran- 
script to  secre- 
tary of  state. 


When    detach- 
ment complete. 


224 


SPECIAL  ELECTIONS — MUNICIPALITIES. 


DETACHMENT  OF  TERRITORY. 


Apportionment 
of   property 
funds  and  in- 
debtedness. 


Additional 
method. 


vance  as  a  condition  precedent  to  the  taking  by  them,  or 
either  of  them,  of  any  step  herein  provided  for.  (106  v. 
301.) 

Section  3577-2.  When  territory  is  so  detached,  an  ap- 
portionment of  the  property,  funds  and  indebtedness  of 
said  village,  shall  be  made  between  said  village  and  said 
detached  territory  upon  the  basis  of  the  respective  tax 
duplicates  in  said  village  after  such  detachment,  and  in 
said  detached  territory.  All  water  pipes  and  sewers  laid 
either  in  said  village  or  in  said  detached  territory,  shall  be 
considered  as  property  within  the  meaning  of  that  term, 
as  herein  used,  in  so  far  as  said  water  pipes  or  sewers  have 
been  paid  for  out  of  the  general  funds  of  the  village.  If 
the  village  authorities  and  the  public  authorities  in  control 
of  said  detached  territory  are  unable  to  agree  upon  such 
apportionment,  it  shall  be  made  by  the  probate  court,  upon 
application  by  either  the  authorities  of  the  village  or  the 
authorities  in  control  of  the  detached  territory.  (106  v. 
301.) 

Section  3577-3.  The  method  of  detachment  herein 
provided  for  shall  be  in  addition  to  all  other  methods  pro- 
vided by  law.     (106  V.  301.) 


INCORPORATION  FOR  POLICE  PROTECTION. 


Incorporation 
of  territory  sur- 
roundinff   sum- 
mer resorts ; 
election ;  notice. 


Conduct  of  elec- 
tion ;   ballots. 


Section  3545.  Any  territory  requiring  police  pro- 
tection and  containing  a  population  of  not  less  than  fifty 
persons  and  immediately  surrounding  a  summer  resort, 
park,  lake  or  picnic  ground,  kept  regularly  for  such  outing 
and  pleasure,  may  incorporate  by  setting  up  notices  of  an 
election  in  three  of  the  most  public  places  in  the  territory 
proposed  to  be  included  in  the  corporation  signed  by  five 
citizens  and  electors  of  the  territory.  Such  notices  shall 
be  posted  at  least  ten  days  before  the  election,  stating 
time  and  place  where  the  election  shall  be  held,  and  shall 
contain  an  accurate  description  of  the  territory  proposed 
to  be  taken  into  the  corporation.     (R.  S.  Sec.  1566a.) 

Section  3546.  The  election  shall  as  far  as  practicable 
be  conducted  in  the  manner  prescribed  for  the  election  of 
township  officers.  The  electors  present  shall  choose  three 
judges  and  two  clerks  from  the  electors  present  to  act  as 
judges  and  clerks  of  such  election,  and  the  ballot  shall  con- 
tain the  words:  '^For  incorporation"  and  ''Against  incor- 
poration." If  the  majority  of  the  ballots  cast  at  such 
election  contain  the  words  ' '  For  incorporation, ' '  it  shall  be 
deemed  that  the  citizens  of  such  designated  territory  have 
assented  to  such  incorporation.  If  the  majority  of  the  bal- 
lots cast  at  such  election  contain  the  words  ''Against  in- 
corporation," it  shall  be  deemed  that  the  people  of  such 
designated  territory  have  not  assented  to  the  incorporation 
thereof.       All  laws  governing  the  creation  and  regulation 


SPECIAL  ELECTIONS — MUNICIPALITIES. 


225 


INCORPORATION   FOR  POLICE  PROTECTION. 

of  incorporated  villages  shall  have  full  force  and  effect 
insofar  as  they  are  not  inconsistent  and  do  not  conflict  with 
the  provisions  of  this  chapter.     (R.  S.  Sec.  1566a.) 

BONDS  TO  CONSTRUCT  AND  EQUIP  ELECTRIC 

RAILWAYS  AND  TERMINALS  ON  LEASED 

CANAL  AND  OTHER  PROPERTY. 


Section  3697-1.  For  the  purposes  and  in  the  manner 
and  in  the  amounts  hereinafter  specified,  when  it  deems 
necessary,  the  council  of  any  municipal  corporation  which 
has  leased  from  the  state  of  Ohio  any  canal  lands  or  prop- 
erty, by  affirmative  vote  of  not  less  than  a  majority  of  the 
members  elected  thereto,  by  ordinance  may  issue  and  sell 
bonds  in  such  amounts  and  denominations,  for  such  period 
of  time  at  such  rate  of  interest  not  exceeding  six  per  cent, 
and  in  the  manner  as  provided  by  law,  to  provide  for  the 
construction  in,  through,  under,  on  or  upon  such  canal 
lands,  or  part  thereof,  together  with  streets  and  lands  out- 
side of  such  canal  lands,  whether  within  or  without  the 
limits  of  such  municipal  corporation,  of  a  union  depot  and 
terminals  for  interurban,  suburban,  street  and  other  electric 
railways,  or  for  the  construction  of  interurban  or  sub- 
urban or  street  or  rapid  transit  electric  railways,  or  for 
any  combination  of  two  or  more  of  such  purposes.  (103  v. 
848.) 

Section  3697-2.  The  aggregate  amount  of  such  bonds 
or  total  indebtedness  created  under  the  authority  of  this  act 
shall  not  be  limited  by  the  provisions  of  any  act  or  statute 
of  Ohio  or  law  except  by  the  limitation  herein  set  forth,  but 
such  aggregate  or  total  indebtedness  shall  not  exceed  two 
per  cent  of  the  total  value  of  all  property  in  such  mu- 
nicipal corporation  as  listed  and  assessed  for  taxation. 
(103  V.  848.) 

Section  3697-3.  No  ordinance  providing  for  the  is- 
suance of  any  of  said  bonds  shall  be  passed  until  the  ap- 
proval of  the  electors  of  the  corporation  is  obtained  at  a 
general  election  or  at  a  special  election  called  by  the  city 
council  for  the  purpose,  and  held  not  less  than  sixty  (60) 
days  after  the  passage  of  the  following  described  resolution 
by  council.  When  council  deems  it  necessary  to  issue  any 
of  said  bonds,  it  shall  first  by  resolution,  passed  by  an 
affirmative  vote  of  not  less  than  a  majority  of  all  the  mem- 
bers elected  thereto,  declare  it  necessary  to  issue  and  sell 
such  bonds  and  shall  state  in  the  resolution  the  purpose 
and  amount  of  the  proposed  issue  and  the  date  upon 
which  the  question  of  issuing  and  selling  such  bonds  shall 
be  submitted  to  the  electors  of  the  corporation.  Coun- 
cil shall  then  cause  a  copy  of  such  resolution  to  be  certi- 
fied to  the  deputy  state  supervisors  of  elections  of  the 
county   in    which   the    corporation   is    situated,    or   their 

8— B.  L. 


Power  to  iaaue 
bonds  to  con- 
struct and  equip 
electric  railways 
and  terminals  on 
leased  canal  and 
other  property. 


Limitations. 


Provisions  shall 
not  be  made  for 
issue  of  bonds 
until   approred 
by   electors   at 
(general  or  spe- 
cial  election. 


SPECIAL  ELECTIONS — MUNICIPALITIES. 

BONDS  TO  CONSTRUCT  ELECTRIC  RAILWAYS. 

successors,  and  said  deputy  state  supervisors  or  their 
successors  shall  prepare  the  ballots  and  make  the  nec- 
essary arrangements  for  the  submission  of  such  question  to 
the  electors  of  such  municipal  corporation  at  the  time  fixed 
in  the  resolution.  The  election  shall  be  held  at  the  regular 
place  or  places  of  voting  in  the  municipality  and  shall  be 
conducted,  canvassed  and  certified  in  like  manner,  except 
as  otherwise  provided  by  law  as  regular  elections  in  the 
municipal  corporation  for  the  election  of  officers  thereof. 
Thirty  days  notice  of  the  election  shall  be  given  in  one  or 
more  newspapers  printed  in  the  municipality  once  a  week 
for  four  consecutive  weeks  prior  thereto,  stating  the  amount 
of  bonds  to  be  issued,  and  the  purpose  for  which  they  are 
to  be  issued  and  the  time  and  place  of  holding  the  election. 
If  a  majority  of  the  voters  voting  .at  such  election  upon  the 
question  of  issuing  the  bonds,  vote  in  favor  thereof,  the 
bonds  shall  be  issued.  Those  who  vote  in  favor  of  the  prop- 
osition shall  have  written  or  printed  on  their  ballots  *'for 
the  issue  of  bonds,  ^'  and  those  who  voted  against  it  shall 
have  written  or  printed  on  their  ballots  *' against  the  issue 
of  bonds."  The  maximum  indebtedness  which  may  be 
created  under  the  provisions  of  this  act  shall  not  exceed 
the  aggregate  amounts  specified  in  such  resolutions  and 
thus  submitted  to  the  electors.     (103  v.  848.) 


Procedure  when 
for   passenger 
railroad  station. 


What  ordinance 
shall  contain; 
election. 


How   such   elec- 
tion conducted. 


SALE  OE  LEASE  OF  LAND  TO  RAILWAY 
COMPANY. 

Section  3700.  When  a  municipal  corporation  owns 
real  estate  suitable  for  the  location  of  a  passenger  railroad 
station,  and  council  by  ordinance  declares  that  it  is  neces- 
sary that  such  land  be  devoted  to  such  use,  the  municipality 
may  sell,  lease,  or  exchange  such  land  to  such  railroad  or 
railroads  for  such  purpose  in  the  manner  provided  in  the 
next  section.     (98  v.  165  §  24.) 

Section  3701.  An  ordinance  authorizing  the  mayor 
of  the  municipality  to  deed  or  lease  the  land  shall  be  passed. 
In  the  ordinance  council  shall  fix  by  metes  and  bounds  the 
amount  of  land  to  be  sold,  leased  or  exchanged,  the  quan- 
tity of  interest  sold,  leased  or  exchanged,  and  the  consider- 
ation to  be  paid  or  exchanged  therefor  by  such  railroad  or 
railroads,  and  in  the  ordinance  shall  call  thereon  a  special 
election,  to  be  held  upon  a  day  fixed  by  such  ordinance,  not 
less  than  thirty  days  from  the  passage  thereof.  (98  v.  165 
§24.) 

Section  3702.  A  majority  of  all  the  votes  cast  on 
such  proposition  shall  be  necessary  to  its  ratification.  When 
so  ratified,  the  ordinance  shall  be  effective,  and  the  mayor 
shall  proceed  to  execute  a  deed  of  conveyance  or  lease  of 
the  property  as  therein  provided.  In  holding  such  special 
election,  the  provisions  of  law  for  submission  of  the  ques- 


When  franchise 
shall  be  sub- 
mitted to  vote. 


SPECIAL  ELECTIONS — MUNICIPALITIES. 
GRANT  OF  FRANCHISES — ELEVATED  RAILROADS. 

tion  of  issuing  bonds  in  excess  of  four  per  cent  of  the 
taxable  property  of  the  municipality,  shall  apply.     (98  v. 

165  §24.) 

GRANT  OF  FRANCHISES. 

Section  3772.  If,  within  thirty  days  after  the  passage 
of  an  ordinance  granting  a  franchise,  extension  or  renewal 
thereof,  to  a  street  railroad,  there  is  presented  to  the  coun- 
cil or  filed  with  its  clerk  a  written  petition  signed  by  fifteen 
per  cent  of  the  qualified  electors  of  such  municipality,  to  be 
determined  by  the  highest  number  of  votes  cast  for  the 
mayor  of  the  municipality  at  the  last  preceding  municipal 
election,  requesting  such  ordinance  to  be  submitted  to  a 
vote  of  the  electors  thereof,  the  ordinance  shall  not  become 
operative  until  it  has  been  so  submitted  and  has  received  a 
majority  of  the  votes  cast  thereon.     (99  v.  104  §  30a.) 

Section  3773.  The  council  by  resolution  shall  pro- 
vide that  such  vote  be  taken  at  a  special  election  or  at  the  co"nduc"ted 
next  municipal  election,  and  shall  cause  a  copy  of  such  reso- 
lution to  be  certified  to  the  board  ot*  deputy  state  super- 
visors of  the  county  in  which  such  municipal  corporation  is 
situated,  which  board  shall  thereupon  prepare  the  ballots 
and  mal^e  all  other  necessary  arrangements  for  the  submis- 
sion of  such  question  at  the  time  fixed  in  the  resolution. 
Such  election  shall  be  held  at  the  regular  place  or  places  of 
voting  in  such  municipality  and  shall  be  conducted,  can- 
vassed and  certified  in  the  same  manner  as  the  election  of 
officers  thereof.     (99  v.  104  §  30a.) 

Section  3774.  Thirty  days'  notice  of  such  submission 
shall  be  given  by  the  mayor  of  the  municipality  in  two  news- 
papers of  opposite  politics  printed  therein,  once  a  week  for 
four  consecutive  weeks,  stating  the  object  and  purpose,  and 
the  time  and  place  of  holding  such  election.  Those  voting 
in  favor  of  the  proposition  shall  have  written  or  printed  on 
their  ballots  the  words  ''For  the  franchise,"  and  those 
voting  against  it  shall  have  written  or  printed  on  their 
ballots  the  words  ''Against  the  franchise."  (99  v.  104  ^ 
30a.) 

ELEVATED  RAILROADS. 


227 


How    the    elec- 
tion shall   be 


Notice  of  the 
election ;  form 
of  ballot. 


Section  9148.  Every  railroad,  street  railroad  com- 
pany, suburban  railroad  company  or  interurban  railroad 
company,  to  whom  a  grant  has  been  made  as  above  pro- 
vided shall  notify  in  writing  the  authorities  making  the 
grant  of  its  rejection  or  acceptance  of  the  grant  at  a  time 
fixed  by  them  at  the  time  of  making  the  grant.  If  after  a 
grant  has  been  made  as  above  provided,  and  accepted  by 
any  railroad,  street  railroad  company,  suburban  railroad 
company  or  interurban  railroad  company,  within  sixty  days 
after  such  acceptance  there  is  filed  with  the  mayor  of  the 


Company  to 
notify  author- 
Itlee  of  ac- 
ceptance or  re- 
jection of  grant. 


228 


SPECIAL  ELECTIONS — MUNICIPALITIES. 


BONDS   FOR  GAS   WORKS. 

city  making  the  grant  a  petition  protesting  against  it  and 
signed  by  such  a  number  of  the  electors  of  the  city  qualified 
to  vote  at  the  last  preceding  general  election,  as  equals  ten 
per  cent  of  the  number  of  votes  cast  for  mayor  at  the  last 
preceding  election  for  mayor,  he  shall  certify  such  fact  to 
the  proper  election  officials.     (R.  S.  Sec.  3283d.) 

Submission  of  SECTION  9149.     The  officials  in  charge  of  such  general 

erant  to  electors.  gigg^JQji^  in  accordance  with  the  statutes  relating  to  elec- 
tians,  shall  arrange,  provide  for  and  conduct  the  submission 
of  such  question  to  such  electors.  The  question  w^hether  the 
grant  shall  be  made  shall  be  submitted  to  the  electors  of 
such  city  at  the  next  succeeding  general  election  occurring 
more  than  thirty  days  after  the  expiration  of  such  sixty 
days.  The  ballots  at  such  election  if  the  grant  be  for  the 
construction  of  elevated  tracks  shall  read  "Elevated  Rail- 
road Grant — ^Yes".  ''Elevated  Railroad  Grant — No". 
If  the  grant  be  for  the  construction  of  underground  tracks 
they  shall  read  ''Underground  Railroad  Grant — ^Yes". 
' '  Underground  Railroad  Grant — No ' '.  If  the  grant  be  for 
the  construction  of  partly  elevated  and  partly  underground 
tracks,  they  shall  read  "Elevated  and  Underground  Rail- 
road Gl'ant — ^Yes".  "Elevated  and  Underground  Railroad 
Grant — No".  If  at  such  election  a  majority  of  the  votes 
cast  on  such  question  be  against  such  grant,  it  shall  be  in- 
effective and  void.     (R.  S.  Sec.  3283d.) 

BONDS  FOR  GAS  WORKS. 


Bonds  for  im- 
proTlnK  natural 
gas  works. 


Question  of  issue 
to  be  submitted 
to  vote. 


Section  3933.  The  council  of  a  municipal  corpora- 
tion may  issue  and  sell  bonds  in  the  manner  provided  by 
law,  at  a  rate  of  interest  not  to  exceed  six  per  cent,  when 
such  council  by  an  affirmative  vote  of  not  less  than  two- 
thirds  of  the  members  elected  or  appointed  thereto  by 
resolution  or  ordinance,  deems  it  necessary  for  the  purpose 
of  extending,  enlarging,  improving,  repairing  or  securing 
a  more  complete  enjoyment  of  any  natural  gas  works  owned 
by  such  corporation.     (95  v.  478  §  1.) 

Section  3934.  Before  such  bonds  are  issued,  the  ques- 
tion of  issuing  them  shall  be  submitted  to  the  voters  of 
the  municipal  corporation  at  a  general  or  special  election, 
when  the  council  thereof,  by  resolution  or  ordinance,  passed 
by  an  affirmative  vote  of  not  less  than  two-thirds  of  all  the 
members  elected  or  appointed  thereto,  declares  it  necessary 
to  issue  and  sell  bonds  for  any  such  purposes.  It  shall 
fix  by  such  resolution  or  ordinance  the  date  upon  which 
the  question  shall  be  so  submitted  and  shall  cause  a  copy 
of  such  resolution  or  ordinance  to  be  certified  to  the  deputy 
state  supervisors  of  the  county  in  which  such  municipal 
corporation  is  situated.     (97  v.  237  §  2.) 


SPECIAL  ELECTIONS — MUNICIPALITIES. 


M9 


DEFICIENCY  BONDS. 


Section  3935.  Thereupon  the  deputy  state  super- 
visors shall  prepare  the  ballots  and  make  other  necessary 
arrangements  for  the  submission  of  the  question  to  the  elec- 
tors of  the  municipal  corporation  at  the  time  fixed  in  such 
resolution  or  ordinance.  The  election  shall  be  held  at  the 
regular  place  or  places  of  voting  in  the  municipal  corpo- 
ration, and  shall  be  conducted,  canvassed  and  certified  in 
the  same  manner,  except  as  otherwise  provided  by  law,  as 
for  the  election  of  municipal  officers.     (97  v.  237  §  2.) 

Section  3936.  When  a  special  election  for  such  pur- 
pose is  held  in  a  municipal  corporation  divided  into  wards, 
there  may  be  but  one  voting  place  in  each  ward,  which 
shall  be  designated  by  the  deputy  state  supervisors  of 
elections,  and  the  notice  hereinafter  provided  for  shall 
designate  the  voting  places  in  each  ward.  In  cities  in 
which  registration  is  required,  if  but  one  votiug  place  is 
designated  in  each  ward,  certificates  of  removal  shall  not 
be  necessary,  except  where  transfers  are  required  from 
one  ward  to  another,  and  the  board  of  deputy  state  super- 
visors of  the  county  shall  issue  removal  certificates.  (97 
v.237§2.) 

Section  3937.  Fifteen  days'  notice  of  the  submission 
shall  be  given  in  one  or  more  newspapers  printed  in  the 
municipal  corporation  once  a  week  for  two  consecutive 
weeks,  stating  the  amount  of  bonds  to  be  issued,  the  pur- 
pose for  which  they  are  to  be  issued,  and  the  time  and 
place  of  holding  the  election.  If  no  newspaper  is  printed 
therein,  the  notice  shall  be  posted  in  a  conspicuous  place 
and  published  once  a  week  for  two  consecutive  weeks  in  a 
newspaper  of  general  circulation  therein.     (97  v.  237  §  2.) 

Section  3938.  If  two-thirds  of  the  voters  voting  at 
such  election  upon  the  question  of  issuing  the  bonds,  vote 
in  favor  thereof,  then,  and  not  otherwise,  the  bonds  shall 
be  issued,  and  a  tax  may  be  levied  for  the  purpose  of  pay- 
ing the  interest  and  principal  upon  such  bonds.  Those 
who  vote  in  favor  of  the  proposition  shall  have  written  or 
printed  on  their  ballots,  ''For  the  issue  of  bonds";  those 
who  vote  against  it  shall  have  written  or  printed  on  their 
ballots  the  words,  ''Against  the  issue  of  bonds."  (97  v. 
237  §  2.) 

DEFICIENCY  BONDS. 


Conduct  of 
the  election. 


Voting  pre- 
cincts ;  transfers. 


Notice  of 
the  electlOB. 


Result  of  elec- 
tion; fonn 
of  ballot. 


Section  3931.  Council  may  issue  deficiency  bonds  in  gjjj'/p^^j^,. 
such  amount  and  denominations,  for  such  periods  of  time,  tation.' 
not  to  exceed  fifty  years  and  at  such  rate  of  interest  not 
to  exceed  six  per  cent  as  it  deems  best  when  in  the  opin- 
ion of  council  it  is  necessary  to  supply  a  deficiency  in  the 
revenues  of  the  corporation.  The  total  amount  of  de- 
ficiency bonds  issued  by  a  corporation,  outstanding  at  any 
time,  shall  not  exceed  one  per  cent  of  tlie  total  value  of 
all  property  in  the  corporation  as  listed  and  assessed  for 


980 


SPECIAIi  ELECTIONS — MUNICIPAIilTIES. 


BOND  ISSUE. 

taxation.  The  issuance  of  such  bonds  shall  be  approved  by 
the  votes  of  two-thirds  of  all  the  members  elected  to  coun- 
cil, and  approved  by  the  votes  of  two-thirds  of  all  the 
electors  of  the  corporation  voting  upon  such  question  at  a 
regular  or  special  election  to  be  provided  for  by  council. 
(96  V.  53  §  9.) 

BOND  ISSUE. 


Vote  for  ad- 
ditional bonds. 


Action  of  coun- 
cil necessary. 


Duty  of  deputy 
state  super- 
visors. 


Election. 


Notice. 


Two-tlilrds  vote 
required. 


Section  3942.  In  addition  to  the  authority  granted  in 
section  one  (1)  of  this  act  and  supplementary  thereto,  the 
council  of  a  municipal  corporation,  whenever  it  deems  it 
necessary,  may  issue  and  sell  bonds  in  such  amounts,  or 
denominations,  and  for  such  period  of  time  and  rate  of  in- 
terest not  exceeding  six  per  cent  per  annum,  as  it  may 
determine  upon  for  any  of  the  purposes  set  forth  in  said 
section  one,  upon  obtaining  the  approval  of  the  electors  of 
the  corporation  at  a  general  or  special  election  in  the  follow- 
ing manner.     (102  v.  264.) 

Section  3943.  The  council,  by  resolution  passed  by  an 
affirmative  vote  of  not  less  than  two-thirds  of  all  the  mem- 
bers elected  or  gT^pointed  thereto,  shall  declare  it  necessary 
to  issue  and  sell  bonds  of  the  corporation.  Such  resolution 
shall  state  the  purpose  and  amount  of  said  issue,  and  shall 
fix  a  date  upon  which  the  question  of  issuing  and  selling 
such  bonds  shall  be  submitted  to  the  electors  of  the  corpora- 
tion. Council  shall  then  cause  a  copy  of  such  resolution 
to  be  certified  to  the  deputy  state  supervisors  of  the  county 
in  which  the  corporation  is  situated.     (102  v.  264.) 

Section  3944.  The  deputy  state  supervisors  shall  pre- 
pare the  ballots  and  make  the  necessary  arrangements  for 
the  submission  of  such  question  to  the  electors  of  such 
municipal  corporation  at  the  time  fixed  in  the  resolution. 
(102  V.  264.) 

Section  3945.  The  election  shall  be  held  at  the  regular 
place  or  places  of  voting  in  the  municipality,  and  be  con- 
ducted, canvassed  and  certified  in  like  manner,  except  as 
otherwise  provided  by  law,  as  regular  elections  in  the 
municipal  corporation  for  the  election  of  officers  thereof. 
(102  V.  264.) 

Section  3946.  Thirty  days'  notice  of  the  election  shall 
be  given  in  one  or  more  newspapers  printed  in  the  mu- 
nicipality once  a  week  for  four  consecutive  weeks  prior 
thereto,  stating  the  amount  of  bonds  to  be  issued,  and  the 
purpose  for  which  they  are  to  be  issued,  and  the  time  and 
place  of  holding  the  election.  If  no  newspaper  is  printed 
therein,  the  notice  shall  be  posted  in  a  conspicuous  place 
and  published  once  a  week  for  four  consecutive  weeks  in  a 
newspaper  of  general  circulation  in  the  township  or  mu- 
nicipal corporation.     (102  v.  264.) 

Section  3947.  If  two-thirds  of  the  voters  voting  at 
such  election  upon  the  question  of  issuing  the  bonds  vote 


SPECIAL  ELECTIONS — MUNICIPALITIES.  281 

RAPID  TBAIV8IT  G0MMISSI0NXB8. 

in  favor  thereof,  the  bonds  shall  be  issued.  Those  who  vote 
in  favor  of  the  proposition  shall  have  written  or  printed 
on  their  ballots,  **For  the  issue  of  bonds";  and  those  who 
vote  against  it  shall  have  written  or  printed  on  their  ballots, 
' '  Against  the  issue  of  bonds. "    (102  v.  264. ) 

RAPID  TRANSIT  COMMISSIONBRS. 

Section  4000-22.  When  the  board  of  rapid  transit  issue  of  bonds; 
commissioners  deems  it  necessary  to  issue  bonds  secured  JiSJtionf' ' 
by  the  general  credit  of  the  municipality  or  to  levy  a  tax 
for  the  purpose  of  carrying  into  effect  the  powers  herein 
conferred  the  board  shall,  by  written  resolution,  so  declare 
its  judgment  and  state  therein  the  amount  of  bonds  to  be 
issued  or  the  tax  to  be  levied  for  such  purposes  and  trans- 
mit the  resolution  to  the  city  council,  which  may  authorize 
the  issuance  of  such  bonds  or  levy  a  tax  for  the  aforesaid 
purposes.  Provided,  however,  that  the  total  aggregate 
amount  of  bonds  issued  without  being  first  submitted  to  a 
vote  of  the  people  shall  not  exceed  one  hundred  and  fifty 
thousand  dollars.  If  the  council  fails  to  enact  legislation 
for  the  issuance  of  bonds  at  its  next  regular  or  special 
meeting  after  the  resolution  has  been  received  by  the  clerk 
of  council,  it  shall  then  be  the  duty  of  council  at  its  next 
regular  or  special  meeting  by  ordinance  to  submit  the  ques- 
tion of  the  issuance  of  the  bonds  to  a  vote  of  the  qualified 
electors  of  the  municipality  and  the  clerk  of  council  shall 
file  the  ordinance  with  the  board  of  deputy  state  supervis- 
ors of  elections  of  the  county;  said  board  of  deputy  state 
supervisors  shall  then  submit  the  question  of  the  issuance  of 
such  bonds  to  the  qualified  electors  of  the  city  at  either  a 
special  or  a  general  election,  as  the  ordinance  may  specify. 
Thirty  days'  notice  of  the  election  shall  be  given  in  one  or 
more  newspapers  printed  in  the  municipality  once  a  week 
for  four  consecutive  weeks  prior  thereto,  stating  the  amount 
of  bonds  to  be  issued  and  the  purpose  for  which  they  are 
to  be  issued,  and  the  time  of  holding  the  election.  If  a 
majority  of  the  voters  voting  at  such  election  upon  the 
question  of  issuing  the  bonds  vote  in  favor  thereof  it  shall 
then  become  the  duty  of  the  council  of  the  city  to  enact 
within  ninety  days  thereafter  all  legislation  necessary  to 
carry  into  effect  the  will  of  the  majority  of  the  voters 
voting  at  such  election  and  bonds  shall  be  issued  from  time 
to  times  as  they  may  be  needed.     (106  v.  289.) 

Section  4000-27.     Said  board  of  rapid  transit,  com-  Power  to  lease 
missioners  may  grant  to  any  corporation  organized  for  nau^cTsub- 
street  railway  or  interurban  railroad  purposes  the  right  to  jj^ssion  of  quee- 
operate  by  lease  or  otherwise  such  depots,  terminals  and 
railways  upon  such  terms  and  conditions  as  said  board  shall 
be  authorized  by  ordinance  to  agree  upon  with  such  cor- 
poration, subject  to  the  approval  of  a  majority  of  the  elec- 
tors of  the  municipal  corporation  voting  thereon.     Said 


382 


SPECIAL  ELECTIONS — MUNICIPALITIBS. 


PARK  COMMISSIONERS. 


board  shall  certify  said  lease  or  agreement  to  the  board  of 
deputy  state  supervisors  of  elections  of  the  county,  and 
said  board  of  deputy  state  supervisors  shall  then  submit  the 
question  of  the  approval  of  said  lease  or  agreement  to  the 
qualified  electors  of  the  city  at  either  a  special  or  general 
election  as  the  ordinance  may  specify.  Thirty  days'  notice 
of  the  election  shall  be  given  in  one  or  more  of  the  news- 
papers printed  in  the  municipality  once  a  week  for  four 
consecutive  weeks  prior  to  the  time  of  holding  said  election 
as  heretofore  specified,  setting  forth  the  terms  of  said  lease 
or  agreement  and  the  time  of  holding  the  election.  On  the 
approval  by  a  majority  of  the  voters  voting  at  such  election 
said  corporation  is  invested  with  the  power  to  operate  such 
depots,  terminals  and  railways  as  provided  in  said  lease  or 
agreement,  and  corporations  organized  under  the  laws  of 
Ohio  for  street  railway  or  interurban  railroad  purposes  are 
hereby  invested  with  power  to  lease  and  operate  such  depots, 
terminals  and  railways.     (106  v.  289.) 

PARK  COMMISSIONERS. 


Board  of  park 
commlsslonerg ; 
election. 


Appointment, 
term,   compen- 
sation, vacancy. 


Bond  Issue; 
vote  for. 


Section  4053.  When  five  per  cent  of  the  qualified 
electors  of  a  city  petition  the  board  of  deputy  state  super- 
visors of  elections  of  the  county  for  the  privilege  of  de- 
termining by  ballot  where  there  shall  be  a  board  of  park 
commissioners,  with  the  powers  hereinafter  provided  for, 
such  board  shall  submit  at  the  next  general  election  held 
within  such  city,  or  at  a  special  election,  if  the  petition 
requests  a  special  election  the  questions  presented  in  the 
petition,  to  the  electors  of  the  municipality.  Such  special 
election  shall  be  held  at  the  usual  place  or  places  for  hold- 
ing municipal  elections  and  shall  be  governed  by  the  same 
rules,  regulations  and  laws  as  govern  the  holding  of  munic- 
ipal elections.     (99  v.  440  §  1.) 

Section  4054.  If  a  majority  of  the  electors  voting  at 
such  election  on  the  question  vote  in  favor  of  the  appoint- 
ment of  a  board  of  park  commissioners,  the  mayor  shall 
immediately  appoint  three  electors  of  the  city  as  members 
of  such  board,  to  be  known  as  the  board  of  park  commis- 
sioners. Such  members  shall  be  appointed  for  terms  of  one, 
two  and  three  years,  respectively,  and  their  successors  shall 
be  appointed  for  terms  of  three  years.  In  case  of  the  death 
or  resignation  of  a  member  of  such  board,  the  mayor  shall 
immediately  appoint  a  successor  to  fill  the  vacancy  for  the 
unexpired  term.  The  members  of  the  board  shall  serve 
without  compensation.  The  mayor  may  remove,  with  the 
consent  of  the  city  council,  a  majority  of  the  members 
elected  thereto  concurring,  any  member  of  such  board  for 
incompetency  or  official  misconduct.     (99  v.  441  §  2.) 

Section  4064.  When  the  board  of  park  commission- 
ers deem  it  necessary  to  issue  bonds  or  to  levy  a  tax  for 


SPHOIAL  ELECTIONS — MUNICIPAMTIES.  233    \ 

i 

HEABSE  OR  VAULT.  \ 

the  purpose  of  carrying  into  effect  the  powers  herein  con-  ] 

ferred,  tlie  board  shall  by  written  resolution  so  declare  its  : 

judgment  and  state  therein  the  amount  of  bonds  to  be  issued  \ 

or  the  tax  to  be  levied  for  such  purposes  and  transmit  the  \ 

resolution  to  the  city  council.    If  the  council  fails  to  enact  \ 

legislation  for  the  issuance  of  such  bonds  or  the  levying  | 

of  such  tax,  within  ninety  days  after  the  time  the  resolution  j 

was  received  by  the  council,  the  question  of  the  issuance  of  i 

the  bonds  or  the  levy  of  the  tax  shall  be  submitted  to  a  ' 

vote  of  the  qualified  electors  of  the  city,  and  the  board  of  ' 

park  commissioners  shall  file  the  resolution  and  request  ; 

with  the  board  of  deputy  state  supervisors  of  elections  of      '  '  i 

the  county.     Such  board  of  deputy  state  supervisors  shall  J 

then  submit  the  question  of  tlie  issuance  of  such  bands  or  i 

the  levying  of  such  tax,  or  both,  to  the  qualified  voters  of  : 

the  city,  at  either  a  special  or  general  election  as  the  resolu-  \ 

tion  and  request  may  specify,  to  be  held  in  the  manner  pro-  ] 

vided  by  law  for  voting  on  the  question  of  the  issue  of  ] 

bonds  in  excess  of  the  limit  fixed  by  law,  except  as  other-  \ 

wise  provided  herein.     (99  v.  442  §  6.)  j 
Section  4065.     If  a  majority  of  the  electors  voting  Duty  of^  councu    i 

an  such  question  vote  in  favor  thereof,  it  shall  become  the  taken.^°  *  '  ! 

duty  of  the  council  of  the  city  to  enact,  within  ninety  days  i 
thereafter,  all  legislation  necessary  to  carry  into  effect  the 

will  of  the  majority  of  the  voters  at  such  election.     (99  v.  ^ 

442  §  6.)  \ 

HEAKSE  OR  VAULT.  : 

Section  4180.     The  council  of  a  village  may  levy  a  villages  may  leyy    i 
tax  in  such  amount  as  it  determines,  either  to  purchase  a  or^auu  ^n  Vofe     ' 

hearse  or  to  construct  a  vault  for  the  dead,  for  the  use  of  ot  electors.  j 
the  village.     The  question  of  levying  such  tax,  for  either 

or  both  purposes,  and  the  amount  asked  therefor,  shall  be  ^ 

separately  submitted  to  the  electors  of  the  corporation,  at  a  ^ 

general  election,  twenty  days^  notice  thereof  having  been  ■ 

previously  given,  by  posting  in  at  least  three  public  places  ^ 

in  the  vilage.    The  notice  shall  state  specifically  the  amount  i 
to  be  raised,  and  for  what  purpose.    If  a  majority  of  all 

the  votes  cast  at  the  election  is  in  favor  of  either  or  both             ^  . 

propositions,  they  shall  be  considered  adopted,  and  the  tax  i 

herein  provided  for  authorized.    The  hearse  and  vault  shall  j 

be  under  the  control  of  the  trustees  of  cemeteries  of  the  i 

village,  where  there  is  such  board,  otherwise  under  the  con-  j 

trol  of  the  council  or  person  appointed  by  it.     (R.  S.  Sec.  l 

2556.)  ; 

Section  4181.    The  electors  voting  at  such  election  Form  of  baimt. 

shall  have  placed  on  their  ballots  the  words,   **Tax  for  i 

Hearse— Yes,*'  or  "Tax  for  Hearse— No,"  and  upon  the  ] 

same  ballot,  *'Tax  for  Vault— Yes,*'  or  ''Tax  for  Vault—  j 

No,"  and  may  vote  for  one  proposition  and  against  the  5 

other,  or  for  or  against  both.     (R.  S.  Sec.  2557.)  i 


234 


SPECIAL  ELECTIONS — MUNICIPALITIES. 


INITIATIVE  AND  REFERENDUM. 


Initiative  and 
referendum  in 
municipalities. 


Initiative 
petition. 


Measure  so 
passed  not  sub- 
ject to  veto. 


When  ordi- 
nances shall 
take  effect. 


Referendum 
petition. 


Section  4227-1.  Ordinances  and  other  measures  pro- 
viding for  the  exercise  of  any  and  all  powers  of  government 
granted  by  the  constitution  or  now  delegated  or  hereafter 
delegated  to  any  municipal  corporation,  by  the  general 
assembly,  may  be  proposed  by  initiative  petition.  Such 
initiative  petition  must  contain  the  signatures  of  not  less 
than  ten  percentum  of  the  electors  of  such  municipal  cor- 
poration. 

When  there  shall  have  been  filed  with  the  city  auditor 
if  it  be  a  city,  or  village  clerk  if  it  be  a  village,  a  petition 
signed  by  the  aforesaid  required  number  of  electors  pro- 
posing an  ordinance  or  other  measure,  said  city  auditor  or 
village  clerk  shall,  after  ten  days,  certify  the  petition  to  the 
board  of  deputy  state  supervisors  of  elections  of  the  county 
wherein  such  municipality  is  located.  Said  board  shall  sub- 
mit such  proposed  ordinance  or  measure  for  the  approval 
or  rejection  of  the  electors  of  such  municipal  corporation 
at  the  next  succeeding  regular  or  general  election,  in  any 
year,  occurring  subsequent  to  forty  days  after  the  filing  of 
such  initiative  petition.  No  ordinance  or  other  measure 
proposed  by  initiative  petition  and  approved  by  a  majority 
of  the  electors  voting  upon  the  same  in  such  municipal  cor- 
poration shall  be  subject  to  the  veto  of  the  mayor.  (104 
v.  238.) 

Section  4227-2.  Any  ordinance,  or  other  measure 
passed  by  the  council  of  any  municipal  corporation  shall  be 
subject  to  the  referendum  except  as  hereinafter  provided. 
No  ordinance  or  other  measure  shall  go  into  effect  until 
thirty  days  after  it  shall  have  been  filed  with  the  mayor  of  a 
city  or  passed  by  the  council  in  a- village,  except  as  here- 
inafter provided. 

When  a  petition  signed  by  ten  per  cent  of  the  electors 
of  any  municipal  corporation  shall  have  been  filed  with  the 
city  auditor  or  village  clerk  in  such  municipal  corporation, 
within  thirty  days  after  any  ordinance,  or  other  measure 
shall  have  been  filed  with  the  mayor,  or  passed  by  the  coun- 
cil of  a  village,  ordering  that  such  ordinance  or  measure 
be  submitted  to  the  electors  of  such  municipal  corporation 
for  their  approval  or  rejection,  such  city  auditor  or  village 
clerk  shall,  after  ten  days,  certify  the  petition  to  the  board 
of  deputy  supervisors  of  elections  of  the  county  wherein 
such  municipality  is  situated  and  said  board  shall  cause  to 
be  submitted  to  the  electors  of  such  municipal  corporation 
for  their  approval  or  rejection,  such  ordinance,  or  measure 
at  the  next  succeeding  regular  or  general  election,  in  any 
year  occurring  subsequent  to  forty  days  after  the  filing  of 
such  petition. 

No  such  ordinance  or  measure  shall  go  into  effect  until 
approved  by  the  majority  of  those  voting  upon  the  same. 
Nothing  in  this  act  shall  prevent  a  municipality  after  the 
passage  of  any  ordinance,  or  other  measure  from  proceed- 


SPECIAL  ELECTIONS — MUNICIPALITIES.  236 


INITIATIVE  AND  REFERENDUM. 


ing  at  once,  to  give  any  notice,  or  make  any  publication,  re- 
quired by  such  ordinance  or  other  measure.     (104  v.  239.) 


Section  4227-3.     Whenever  the  council  of  any  munici-  to  what  ordi-      j 

,  J  •  •      1        1  '       T    M  xu  nance  or  meas-      ' 

pal  corporation  is  by  law  required  to  pass  more  than  one  ure  act  applies, 
ordinance  or  other  measure  to  complete  the  legislation  nec- 
essary to  make  and  pay  for  any  public  improvement,  the 
provisions  of  this  act  shall  apply  only  to  the  first  ordinance 
or  other  measure  required  to  be  passed  and  not  to  any  sub- 
sequent ordinances  and  other  measures  relating  thereto. 
Ordinances  or  other  measures  providing  for  appropriations 
for  the  current  expenses  of  any  municipal  corporation,  or 
for  street  improvements  petitioned  for  by  the  owners  of  a 
majority  of  the  feet  front  of  the  property  benefited  and 
to  be  especially  assessed  for  the  cost  thereof  as  provided 
by  statute,  and  emergency  ordinances  or  measures  neces- 
sary for  the  immediate  preservation  of  the  public  peace, 
health  or  safety  in  such  municipal  corporation,  shall  go 
into  immediate  effect.  Such  emergency  ordinances  or  meas- 
ures must,  upon  a^yea  and  nay  vote,  receive  the  vote  of 
two-thirds  of  all  the  members  elected  to  the  council  or  other 
body  corresponding  to  the  council  of  such  municipal  cor- 
poration, and  the  reasons  for  such  necessity  shall  be  set 
forth  in  one  section  of  the  ordinance  or  other  measure.  ^The 
provisions  of  this  act  shall  apply  to  pending  legislaHon 
providing  -for  any  public  improvement.     (103  v.  212.) 

Section  4227-4.  Any  initiative  or  referendum  petition  ^f  presented  ^ 
may  be  presented  in  separate  parts  but  each  part  of  any  m  separate 
initiative  petition  shall  contain  a  full  and  correct  copy  of  fn^a^dSvit. 
the  title  and  text  of  the  proposed  ordinance  or  other  meas- 
ure and  each  part  of  any  referendum  petition  shall  contain 
the  number  and  a  full  and  correct  copy  of  the  title  of  the 
ordinance  or  other  measure  sought  to  be  referred.  Each 
signer  of  any  such  initiative  or  referendum  petition  must 
be  an  elector  of  the  municipal  corporation  in  which  the  elec- 
tion, upon  the  ordinance  or  measure  proposed  by  such 
initiative  petition  or  the  ordinance  or  measure  referred  by 
such  referendum  petition,  is  to  be  held,  and  shall  place  on 
such  petition,  after  his  name,  the  date  of  signing,  his  place 
of  residence  including  street  and  number,  if  any,  and  the 
ward  and  precinct.  Each  part  of  such  petition  shall  con- 
tain the  affidavit  of  the  person  soliciting  the  signatures  to 
the  same,  which  affidavits,  shall  contain  a  statement  of  the 
number  of  signers  of  such  part  of  such  petition  and  shall 
state  that  to  the  best  of  his  knowledge  and  belief  each  of  the 
signatures  contained  on  such  part  is  the  genuine  signature 
of  the  person  whose  name  it  purports  to  be,  and  believes 
that  such  persons  or  electors  of  the  municipal  corporation 
and  that  they  signed  such  petition  with  knowledge  of  the 
contents  thereof.  • 


^6 


SPECIAL  ELECTIONS — MUNICIPALITIES. 


INITIATIVE  AND  REFERENDUM. 


Ordinance  not 
void  because  of 
insufficiency 
of  petition. 


How  number 
of   petitioners 
determined. 


Wtien  ordinance 
or  measure  sub- 
mitted at  spe- 
cial   election. 


Copy   of  pro- 
posed ordinance 
or  measure  filed 
with  auditor 
pr  clerk. 


Words  which 
shall  be  printed 
in  red. 


The  petitions  and  signatures  upon  such  petitions  shall 
be  prima  facie  presumed  to  be  in  all  respects  sufficient.  No 
ordinance  or  other  measure  submitted  to  the  electors  of  any 
municipal  corporation  and  receiving  an  affirmative  ma- 
jority of  the  votes  cast  thereon,  shall  be  held  ineffective  or 
void  on  account  of  the  insufficiency  of  the  petitions  by 
which  such  submission  of  the  same  shall  have  been  procured, 
nor  shall  the  rejection  by  a  majority  of  the  votes  cast  there- 
on, of  any  ordinance  or  other  measure,  submitted  to  the 
electors  of  such  municipal  corporation,  he  held  invalid  for 
such  insufficiency.  The  basis  upon  which  the  required 
number  of  petitioners  in  any  case  shall  be  determined  shall 
be  the  total  number  of  votes  cast  for  the  office  of  mayor  at 
the  last  preceding  election  therefor.     (103  v.  212.) 

Section  4227-5.  Whenever  twenty  per  cent  of  the 
electors  of  any  municipality  file  a  petition  with  the  city  au- 
ditor if  it  be  a  city,  or  village  clerk,  if  it  be  a  village,  pro- 
posing or  against  an  ordinance  or  other  measure,  requesting 
in  the  petition  that  the  ordinance  or  measure  be  submitted 
to  the  electors  of  the  municipality  at  a  special  election,  the 
auditor  or  village  clerk,  after  ten  days,  shall  certify  the 
same  to  the  board  of  deputy  state  supervisors  of  elections 
who  shall  submit  the  same  at  a  special  election  to  be  held 
on^lhe  fifth  Tuesday  after  the  petition  is  filed.  The  peti- 
tion shall  not  be  submitted  at  a  special  election  if  a  regular 
or  general  election  will  occur  not  later  than  ninety  days 
after  the  petition  is  filed  but  shall  be  submitted  at  the 
regular  or  general  election.     (104  v.  239.) 

Section  4227-6.  Whoever  seeks  to  propose  an  ordi- 
nance or  measure  in  a  municipality  by  initiative  petition 
or  file  a  referendum  petition  against  any  ordinance  or  meas- 
ure shall  before  circulating  such  petition  file  a  duly  verified 
copy  of  the  proposed  ordinance  or  measure  with  the  city 
auditor,  if  it  be  a  city,  or  with  the  village  clerk,  if  it  be  a 
village.    (104  V.  240.) 

Section  4227-7.  At  the  top  of  each  part  of  the  peti- 
tion the  following  words  shall  be  printed  in  red 


Designating 
committee   as 
filing  petition. 


NOTICE. 

Whoever  Imowingly  signs  this  petition  more  than  once, 
signs  a  name  other  than  his  own,  or  signs  w^hen  not  a  legal 
voter  is  liable  to  prosecution.  (104  v.  240.) 
^  ^  ^  Section  4227-8.  The  petitioners  may  designate  in  any 
initiative  or  referendum  petition  a  committee  of  not  less 
than  three  of  their  number,  who  shall  be  regarded  as  filing 
the  petition.  After  a  petition  has  been  filed  with  the  city 
auditor  or  village  clerk  it  shall  be  kept  open  for  public  in- 
spection for  ten  days.  If,  after  a  petition  proposing  an 
ordinance  or  other  measure  has  betn  duly  filed  with  the  city 


SPECIAL  ELECTIONS — MUNICIPALITIES. 


237 


NOTICE. 


When  ordinance 
or   measure 
shall    not    be 
submitted. 


initiative    Swom   itemized 
statement    by 


auditor  or  village  clerk  as  the  case  may  be,  the  proposed 
ordinance  or  other  measure,  or  a  substitute  for  the  pro- 
posed ordinance  or  measure  approved  by  the  committee 
herein  mentioned,  is  passed  by  the  legislative  body  of  the 
municipality,  the  majority  of  the  committee  shall  notify  the 
board  of  deputy  state  supervisors  of  elections  in  writing 
and  such  proposed  ordinance  or  measure  shall  not  be  sub- 
mitted to  a  vote  of  the  electors. 

If,  after  a  duly  verified  referendum  petition  has  been 
filed  against  any  ordinance  or  measure,  the  legislative  body 
of  the  municipality  repeals  such  ordinance  or  measure,  or 
such  ordinance  or  measure  is  held  to  be  invalid,  the  board 
of  elections  shall  not  submit  such  ordinance  or  measure  to 
a  vote  of  the  electors.     (104  v.  240.) 

Section  4227-9   (1)     The  circulator  of  an 
and  referendum  petition,  or  his  agent,  shall  within  five  days  circuTaTtor, 
after  such  petition  is  filed  with  the  city  auditor  or  village 
clerk,  file  a  sworn  itemized  statement  showing  in  detail : 

(a)  All  moneys  or  things  of  value  paid,  given  or 
promised  for  circulating  such  petition. 

(b)  Full  names  and  addresses  of  all  persons  to  whom 
such  payments  or  promises  were  made. 

(c)  Full  names  and  addresses  of  all  persons  who  con- 
tributed anything  of  value  to  be  used  in  circulating  such 
petitions. 

(d)  Time  spent  and  salaries  earned  while  circulating 
or  soliciting  signatures  to  petitions  by  persons  who  were 
regular  salaried  employes  of  some  person  and  whom  said 
employer  authorized  to  solicit  signatures  for  or  circulate 
said  petition  as  a  part  of  their  regular  duties. 

(2)  The  statement  provided  for  in  this  section  shall 
not  be  required  from  persons  who  take  no  other  part  in  cir- 
culating a  petition  than  making  affidavits  to  parts  of  the 
petition  and  soliciting  signatures  to  the  same. 

(3)  Such  statement  shall  be  open  to  public  inspection 
for  a  period  of  one  year.     (104  v.  240.) 

Section  4227-10.     Whoever  directly  or  indirectly 

(1)  Wilfully  misrepresents  the  contents  of  any  initia-  J^^{*^nd''R 
tive  or  referendum  petition ;  or  petitiona. 

(2)  Pays  or  offers  to  pay  any  elector  anything  of 
value  for  signing  an  initiative  or  referendum  petition ;  or 

(3)  Promises  to  help  another  to  obtain  appointment 
to  any  office  provided  for  by  the  constitution  or  laws  of 
Ohio  or  by  ordinances  of  any  municipality,  position  or 
employment  in  the  services  of  the  state  or  any  political  sub- 
division thereof  as  a  consideration  for  obtaining  signatures 
to  an  initiative  or  referendum  petition ;  or 

(4)  Obtains  signatures  to  any  initiative  or  referen- 
dum petition  as  a  consideration  for  the  assistance  or  prom- 
ise of  assistance  of  another  person  in  securing  an  appoint- 
ment to  any  office  or  position  provided  for  by  the  constitu- 


Practices  pro- 
relative 


238 


SPECIAL  ELECTIONS — MUNICIPALITIES. 


SANITARY  PLANT. 


tion  or  laws  of  Ohio  or  by  the  ordinance  of  any  munici- 
pality therein ;  or  employment  in  the  service  of  the  state  or 
any  subdivision  thereof ;  or 

(5)  Alters  or  adds  to  or  erases  any  signatures  or 
names,  on  the  parts  of  a  petition  after  such  parts  have  been 
filed  with  the  auditor  or  village  clerk ;  or 

(6)  Fails  to  file  the  sworn  itemized  statement  re- 
quired in  section  4227-9  of  the  General  Code,  shall  upon 
conviction  be  fined  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars.     (106  v.  443.) 

Penalty.  SECTION  4227-11.     (1)     Whoever  knowingly  signs  an 

initiative  or  referendum  petition  more  than  once,  signs  a 
name  other  than  his  own,  or  signs  when  not  a  legal  voter, 
shall,  upon  conviction  be  fined  not  more  than  one  hundred 
dollars. 

(2)  Whoever  accepts  anything  of  value  for  signing 
an  initiative  or  referendum  petition  shall  upon  conviction 
be  fined  not  to  exceed  twenty-five  dollars. 

(3)  Whoever  sells,  purchases,  steals,  attempts  to  steal, 
or  wilfully  destroys  or  mutilates  an  initiative  or  referendum 
petition  which  is  being  or  has  been  lawfully  circulated  shall 
upon  conviction  be  fined  not  more  than  five  hundred  dollars 
or  imprisoned  in  the  penitentiary  for  not  more  than  five 
years. 

(4)  Whoever  directly  or  indirectly,  by  intimidation 
or  threats,  influences  or  seeks  to  influence  any  person  to 
sign  or  abstain  from  signing,  or  to  solicit  signatures  to  or 
abstain  from  soliciting  signatures  to  an  initiative  or  refer- 
endum petition  shall,  upon  conviction,  be  fined  not  more 
than  one  hundred  dollars.     (104  v.  241.) 

Section  4227-12.  The  provisions  of  sections  4227-1 
to  4227-13  inclusive  shall  not  apply  to  any  municipality 
that  has  or  may  hereafter  adopt  its  own  charter  which  con- 
tains an  initiative  and  referendum  provision  for  its  own 
ordinances  and  other  legislative  measures.  (104  v.  241.) 
Penalty.  SECTION  4227-13.     Corrupt  practices  as  defined  in  this 

act  shall  be  punished  as  provided  in  section  13323-1  of  the 
General  Code. 


ProTisions  don't 
apply  to  munic- 
ipality adopt- 
ing    charter. 


SANITARY  PLANT. 


Term 
plant' 


"sanitary 


Municipality 
may  obtain  plans 
and  real  estate 
for  sanitary 
plant. 


Section  4467.  The  term  ''sanitary  plant,"  as  used 
herein,  shall  mean  a  structure  with  necessary  land,  neces- 
sary fixtures,  appliances  and  appurtenances  required  for 
the  treatment,  purification  nnd  disposal  in  a  sanitary  man- 
ner of  either  or  both  the  liquid  or  solid  wastes  of  the  mu- 
nicipality.    (R.  S.  See.  2143.) 

Section  4468.  Upon  the  recommendation  of  the  board 
of  health  of  a  municipality,  or,  if  the  powders  of  such  board 
have  been  vested  in  any  other  officer  or  board,  upon  the 
recommendation  of  such  officer  or  board,  the  council  may 


SPECIAL  ELECTIONS — MUNICIPALITIES. 
COUNCIL  OF  CITY  OF  CINCINNATI. 

cause  plans  and  estimates  to  be  prepared  and  acquire  by 
condemnation  or  otherwise  such  land  or  lands  within  or 
without  the  corporate  limits  as  are  necessary  to  provide  for 
the  proper  disposal  in  a  sanitary  manner  of  the  sewage, 
garbage  and  waste  matters,  and  either  or  any  of  them,  of 
the  municipality.     (R.  S.  Sec.  2143.) 

Section  4469.  Upon  obtaining  the  approval  of  the 
state  board  of  health,  the  council  may  contract  for,  erect 
and  maintain  sanitary  plant  or  plants  on  the  lands  so 
acquired  with  all  necessary  buildings,  machinery,  appli- 
ances and  appurtenances  for  the  treatment,  purification  and 
disposal  in  a  sanitary  and  economic  manner  of  the  sewage 
or  garbage,  nightsoil,  dead  animals,  offal,  spoiled  meats  and 
fish  or  other  putrid  substances  or  any  liquid  or  solid  wastes 
or  any  substance  injurious  to  the  health  of  the  municipality. 
(R.  S.  Sec.  2143.) 

Section  4470.  The  council  may  contract  for  a  period 
of  not  to  exceed  five  years  for  the  collection  and  removal  of 
such  garbage,  nightsoil,  dead  animals,  and  other  solid  waste 
substances  at  the  expense  of  the  municipality  or  at  the 
expense  of  persons  responsible  for  the  existence  of  such 
waste  substances.     (R.  S.  Sec.  2144.) 

Section  4471.  For  such  purpose  the  council  may  use 
any  funds  raised  and  necessary  therefor,  and,  in  case  no 
funds  are  available  and  no  bonds  have  been  authorized  for 
such  purposes  and  it  becomes  necessary  to  issue  and  sell 
bonds  for  such  purposes,  the  question  of  issuing  bonds  of 
a  municipality  shall  be  submitted  at  an  election  therefor, 
conducted  in  the  same  manner  as  in  case  of  the  issue  of 
other  bonds  of  the  municipality  in  excess  of  the  legal  limit. 
A  majority  of  votes  cast  shall  be  sufficient  to  authorize  the 
municipality  to  issue  bonds  under  this  section.  The  council 
shall  not  issue  such  bonds  unless  a  majority  of  the  qualified 
electors  of  the  municipality  voting  are  in  favor  thereof. 
(R.  S.  Sec.  2145.) 


239 


Approval    of 
state  board  of 
health    neces- 
sary. 


Council   may 
contract  for  re- 
moval of  waste 
substances;  ex- 
pense thereof. 


How   funds 
raised  for  such 
purposes. 


COUNCIL  OF  CITY  OF  CINCINNATI. 


Section  14821-1.  That  the  council  of  the  city  of  Cin- 
cinnati shall  be  composed  <  t  ten  members  and  a  president 
thereof,  all  elected  at  large  at  the  regular  municipal  elec- 
tion in  the  year  1913,  and  at  each  regular  municipi  i  election 
thereafter.  That  said  council  shall  have  all  the  powers  and 
perform  all  the  duties  and  be  subject  to  all  the  provisions 
now  provided  by  law  for  councils  of  cities,  not  inconsis- 
tent herewith,  and  shall  be  a  continuance  of  the  present 
council,  with  power  to  act  upon  unfinished  business.  The 
president  shall  be  vice-mayor  of  said  city,  and  shall  be 
entitled  to  vote  on  all  matters.  Each  member  and  the  presi- 
dent shall  receive  a  salary  of  three  thousand  five  hundred 
($3,500.00)  dollars  per  annum,  and  the  president  shall  re- 


Councll  of  the 
city   of  Cincin- 
nati ;   powers 
and   duties   and 
salaries  of 
members. 


240 


SPECIAL  ELECTIONS — MUNICIPALITIES. 
CRIMINAL  COURT  OF  LORAIN. 


Geoeraphlcal 
districts. 


Submission  of 
question  of 
change  of 
council. 


Form  of  ballot. 


Notice  of 
election  not 
required. 


ceive  in  addition  thereto  compensation  at  the  rate  of  six 
hundred  ($600.00)  dollars  per  month  for  such  time  as  he 
shall  be  called  upon  to  serve  in  place  of  the  mayor. 

The  members  shall  devote  their  entire  time  to  the  duties 
of  their  office  so  far  as  may  be  required  for  the  full  and 
complete  investigation  and  determination  of  all  matters 
that  come  before  it.    (103  v.  205.) 

Section  14821-2.  Immediately  upon  its  organization 
the  council  of  the  city  of  Cincinnati  shall  subdivide  said 
city  into  ten  geographical  districts  and  shall  assign  one 
member  as  representative  committeeman  for  each  of  such 
districts.    (103  v.  205.) 

Section  14821-3.  There  shall  be  a  special  election  in 
the  city  of  Cincinnati  on  the  thirtieth  day  of  July,  A.  D. 
1913,  at  which  time  there  shall  be  submitted  to  the  electors 
of  Cincinnati,  the  question  of  changing  the  council  of  such 
city  as  provided  in  this  act.  Such  special  election  shall  be 
held  in  the  regular  voting  places  and  shall  be  conducted  in 
accordance  with  the  general  election  laws  of  the  state. 
Council  shall  appropriate  whatever  money  may  be  necessary 
for  the  proper  conduct  of  such  election.  The  board  of 
deputy  state  supervisors  and  inspectors  of  election  of 
Hamilton  county  shall  cause  to  be  printed  on  the  ballots 
the  following  question : 

* '  Shall  Cincinnati  adopt  the  small  council  ? ' ' 
Then  shall  be  printed  the  following  proposition  in  the 
Of der  set  forth : 

'  *  For  the  adoption  of  the  small  council  plan. ' ' 
''Against  the  adoption  of  the  small  council  plan." 
Immediately  to  the  left  of  each  proposition  shall  be 
placed  a  square  in  which  the  electors  by  making  a  cross 
(X)  mark  may  vote  for  or  against  such  proposition. 

If  approved  by  a  majority  of  the  electors  voting  there- 
on there  shall  be  a  council  and  president  thereof  as  pro- 
vided in  this  act.  No  notice  of  such  election  shall  be  re- 
quired.    (103  V.  205.) 


Establishment 
of  criminal 
court  in  the 
city  of  Lorain; 
Jurisdiction. 


Qualification, 
election  and 
term  of  Judge. 


CRIMINAL  COURT  OF  LORAIN. 

Section  14740-13.  There  is  hereby  established  in  the 
city  of  Lorain,  Lorain  county,  Ohio,  a  criminal  court  held 
by  a  judge,  which  court  shall  be  styled  the  criminal  court 
and  be  a  court  of  record,  and  shall  have  jurisdiction  of  any 
offense  under  any  ordinance  of  the  city  of  Lorain  and  of 
any  misdemeanor  committed  within  the  limits  of  Lorain 
county,  to  hear  and  finally  determine  the  same  and  impose 
the  prescribed  penalty;  but  cases  in  which  the  accused  is 
entitled  to  a  trial  by  jury,  shall  be  so  tried  unless  a  jury 
IS  waived  in  writing  by  the  accused.     (103  v.  397.) 

Section  14740-20.  Such  judge  shall  be  an  elector  of 
the  city  and  an  attorney  and  counsellor  at  law  duly  admit- 


SPECIAL  ELECTIONS — MUNICIPALITIES. 


241 


MUNICIPAL  COURT  OF   CINCINNATI. 

ted  and  licensed  to  practice  law  in  this  state.  He  shall  be 
elected  by  the  electors  of  said  city  of  Lorain  at  the  regular 
fall  election  in  1911  for  a  terra  of  two  years  commencing  on 
the  first  Monday  of  January  next  after  his  election.  His 
successor  shall  be  elected  at  the  regular  fall  election  in 
1913  for  a  term  of  four  years  and  at  the  regular  fall  elec- 
tions each  four  years  thereafter.    (103  v.  397.) 

MUNICIPAL  COURT  OF  CINCINNATI. 


Section  1558-1.  That  hereafter  the  police  court  in 
the  city  of  Cincinnati  shall  be  a  court  of  record  and  shall  be 
styled  "The  Municipal  Court  of  Cincinnati, '*  and  is  here- 
inafter designated  and  referred  to  as  the  municipal  court. 

Section  1558-2.  The  municipal  court  shall  hereafter 
consist  of  five  judges,  one  of  whom  shall  be  presiding  judge, 
and  the  present  police  judge  of  Cincinnati  shall  be  here- 
after presiding  judge  of  the  municipal  court  until  the  ex- 
piration of  his  present  term  and  all  of  said  judges  shall, 
at  the  time  of  their  election  or  appointment,  be  qualified 
electors  and  residents  of  the  city  of  Cincinnati  and  shall 
have  been  admitted  to  the  practice  of  law  for  not  less  than 
four  years.    (103  v.  280.) 

Section  1558-3.  The  additional  judges  herein  pro- 
vided for,  including  the  presiding  judge  after  the  expira- 
tion of  the  term  of  the  present  police  judge  of  the  city  of 
Cincinnati,  shall  be  elected  by  the  electors  of  the  city  of 
Cincinnati.  The  first  election  of  said  judges  shall  be  held 
at  the  regular  municipal  election  in  1913,  at  which  time 
two  judges  shall  be  elected  for  four  years  and  two  for  two 
years.  At  each  regular  municipal  election  next  preceding 
the  expiration  of  the  terms  of  offilce  of  each  judge,  includ- 
ing the  persent  police  judge,  a  successor  shall  be  elected  for 
a  term  of  four  years.  The  term  of  office  of  each  judge  shall 
commence  on  the  first  day  of  January  next  after  his  elec- 
tion, and  he  shall  hold  office  until  his  successor  is  elected 
and  qualified.  At  any  such  election  any  two  candidates 
receiving  the  highest  number  of  votes  shall  be  elected  but 
the  presiding  judge  shall  be  separately  nominated  and 
elected  as  such.     (103  v.  280.) 

Section  1558-29.  The  present  clerk  of  the  police  court 
shall  be  hereafter  the  clerk  of  the  municipal  court  until  the 
term  for  which  he  was  elected  shall  expire  or  until  his  suc- 
cessor is  elected  and  qualified  and  a  clerk  of  the  police 
court  shall  not  hereafter  be  elected  in  the  city  of  Cincin- 
nati. The  successors  of  the  first  clerk  shall  be  nominated 
and  elected  as  are  other  municipal  elective  officers  for  a 
term  of  four  years  or  until  a  successor  shall  be  elected  and 
qualified.  Such  clerk  shall  receive  such  compensation  pay- 
able out  of  the  treasury  of  Hamilton  county  not  less  than 
$2,000.00  per  annum,  payable  in  monthly  installments,  as 


"The  Municipal 
Court  of  Cin- 
cinnati." 


Judges  of 
court  and 
quallflcations. 


Election 
and  term. 


Clerk,  election 
and   salary. 


242- 


SPEOIAL  ELECTIONS—MUNICIPALITIES. 


MUNICIPAL  COURT  OF  COLUMBUS. 

the  county  commissioners  may  prescribe  and  such  other 
compensation  not  less  than  $2,500.00  per  annum,  payable 
in  monthly  installments  out  of  the  treasury  of  the  city  of 
Cincinnati,  as  the  council  may  prescribe.  Deputies  to  the 
clerk  shall  be  designated  as  hereinafter  provided  in  thig 
act.     (103  V.  286.) 

MUNICIPAL  COURT  OF  COLUMBUS. 


"The  Municipal 
Court  of 
Columbus." 


Number    and 
qualification 
of  Judges. 


Nomination, 
election  and 
tenn. 


Clerk  of  munic- 
ipal court, 
election,  term, 
salary. 


Section  1.  That  there  shall  be,  and  hereby  is,  estab- 
lished in  and  for  the  city  of  Columbus,  a  municipal  court, 
which  shall  be  a  court  of  record  and  shall  be  styled  **the 
municipal  court  of  Columbus,"  hereinafter  designated  and 
referred  to  as  the  ''Municipal  Court."    (103  v.  292.) 

Section  1558-47.  The  municipal  court  shall  consist  of 
a  presiding  judge  and  three  other  judges,  all  of  whom  shall 
at  the  time  of  their  election  be  qualified  electors,  and  resi- 
dents of  the  city  of  Columbus,  and  shall  have  been  admitted 
to  the  practice  of  law  for  at  least  five  years.     (106  v.  365.) 

Section  1558-50.  The  judges  of  the  municipal  court 
shall  be  nominated  and  elected  by  the  electors  of  the  city  of 
Columbus  at  municipal  elections  in  the  same  manner  as 
judges  of  the  court  of  common  pleas  are  nominated  and 
elected.  The  first  election  of  municipal  judges  shall  be 
held  at  the  regular  municipal  election  in  the  year  one  thou- 
sand nine  hundred  and  fifteen,  at  which  time  two  judges 
shall  be  elected  for  four  years,  one  for  six  years,  and  a 
presiding  judge  for  six  years.  At  such  first  election  for 
municipal  judges,  the  candidate  receiving  the  greatest  num- 
ber of  votes  shall  be  presiding  judge,  and  shall  serve  six 
years;  the  candidate  having  the  next  greatest  number  of 
votes  shall  serve  for  six  years  j  the  two  candidates  receiving 
the  next  greatest  number  of  votes,  respectively,  shall  each 
serve  for  four  years. 

At  each  regular  municipal  election  next  preceding  the 
expiration  of  the  terms  of  the  offices  of  each  judge,  and 
presiding  judge  a  successor  shall  be  nominated  and  elected 
for  such  office  for  a  term  of  six  years. 

The  term  of  office  of  each  judge  shall  commence  on  the 
first  day  of  January  next  after  his  election,  and  he  shall 
hold  office  until  his  successor  is  elected  and  qualified.  (106 
V.  366.) 

Section  1558-78.  There  shall  be  a  clerk  at  the  munici- 
pal court  who  shall  be  nominated  and  elected  for  a  term  of 
four  years  in  such  manner  as  is  or  may  be  provided  by 
charter  of  the  city  of  Columbus.  The  first  election  of  clerk 
shall  be  held  at  the  regular  municipal  election  in  the  year 
1915,  and  every  four  years  thereafter  a  successor  shall  be 
elected  for  a  like  term.  The  clerk  shall  have  such  powers 
and  shall  perform  such  duties  as  are  herein  given  and  re- 
quired.   He  shall  receive  an  annm^d  salary  of  thirty-five 


SPECIAL  ELECTIONS — MUNICIPALITIES. 


243 


MUNiaPAL  COURT  OF  CLEVELAND. 


hundred  dollars,  twenty-five  hundred  dollars  of  which  shall 
be  paid  out  of  the  treasury  of  the  city  of  Columbus,  and 
one  thousand  dollars  out  of  the  treasury  of  Franklin 
county,  payable  in  monthly  installments. 

The  term  of  office  of  the  clerk  shall  commence  on  the 
first  day  of  January  next  after  his  election  and  he  shall 
hold  office  until  a  successor  is  elected  and  qualified. 

The  said  clerk  shall  appoint  a  chief  deputy  clerk  who 
shall  be  an  elector  of  the  city  of  Columbus  and  receive  as 
compensation  two  thousand  dollars  per  annum,  and  six  ad- 
ditional deputy  clerks,  who  shall  be  such  electors  and  shall 
each  receive  as  compensation  fifteen  hundred  dollars  per 
annum,  payable  in  monthly  installments  out  of  the  treasury 
of  the  city  of  Columbus ;  however,  additional  deputies  may 
be  provided  for  by  the  council  of  the  city  of  Columbus  on 
the  recommendation  of  the  judges  of  the  municipal  court, 
who  shall  receive  such  compensation,  not  to  exceed  fifteen 
hundred  dollars  each  per  annum,  payable  in  monthly  in- 
stallments out  of  the  city  treasury  of  the  city  of  Columbus 
as  the  council  thereof  may  prescribe. 

The  judges  of  the  municipal  court  shall  appoint  an 
assignment  clerk,  who  shall  assign  cases  for  trial,  issue  for 
witnesses  and  perform  such  other  duties,  similar  to  those 
performed  by  the  assignment  commissioner  of  the  common 
pleas  court  of  Franklin  county,  as  the  judges  may  direct 
and  shall  receive  as  compensation  the  sum  of  fifteen  hun- 
dred dollars  per  annum  payable  in  monthly  installments  out 
of  the  treasury  of  the  city  of  Columbus. 

The  deputy  clerks  and  the  assignment  clerk  shall  hold 
their  offices  during  the  pleasure  of  the  appointing  power. 
(106  V.  375.) 


Chief    deputy 
and  deputy 
clerks. 


Assignment 
clerk.      ^ 


]\njNICIPAL  COURT  OF  CLEVELAND. 


Section  1579-2.  The  municipal  court  shall  consist  of  Number  of 
seven  judges,  one  of  whom  shall  be  chief  justice  and  all  of  iHfanflcatl^ns. 
whom  shall  at  the  time  of  their  election  be  qualified  electors 
and  residents  of  the  city  of  Cleveland  and  shall  have  been 
admitted  to  the  practice  of  law  at  least  five  years.  Pro- 
vided that  at  the  regular  municipal  election  of  1915  there 
shar  be  elected  three  additional  judges  to  the  municipal 
court  and  thereafter  said  municipal  court  shall  consist  of 
ten  judges.    (106  v.  274.) 

Section  1579-3.  Judges  of  the  municipal  court  shall  compensation. 
receive  such  compensation,  payable  out  of  the  treasury  of 
Cuyahoga  county  not  less  than  two  thousand  five  hundred 
dollars  per  annum,  as  the  county  commissioners  may  pre- 
scribe, and  such  further  compensation,  not  less  than  two 
thousand  dollars  per  annum  payable  in  monthly  install- 
ments out  of  the  treasury  of  the  city  of  Cleveland,  as  the 
council  may  prescribe. 


244 


SPECIAL  ELECTIONS — MUNICIPALITIES. 


MUNICIPAL   COURT   OF    CLEVELAND. 


Nomination  and 
election  of  chief 
justice. 


A'acations  of 
judges. 


The  chief  justice  who  shall  be  separately  nominated 
and  elected  as  such,  shall  receive  such  compensation,  pay- 
able out  of  the  treasury  of  Cuyahoga  county,  not  less  than 
two  thousand  five  hundred  dollars  per  annum  as  the  county 
commissioners  may  prescribe,  and  such  further  compensa- 
tion, not  less  than  two  thousand  five  hundred  dollars  per 
annum,  payable  in  monthly  installments  out  of  the  treasury 
of  the  city  of  Cleveland  as  the  council  may  prescribe. 

The  vacation  of  the  respective  judges  of  the  municipal 
court  shall  not  exceed  sixty  days  during  each  year,  and 
shall  be  at  such  times  as  fixed  by  the  chief  justice,  and  at 
least  four  judges  shall  be  in  attendance  at  all  times.  (106 
V.  274.) 


Nominations, 
election  and 
term. 


Section  1579-5.  The  judges  of  the  municipal  court 
including  the  chief  justice  shall  be  nominated  in  the  same 
manner  as  other  municipal  officers  at  large  are  nominated 
in  the  city  of  Cleveland.  And  they  shall  be  elected  by  the 
electors  of  the  city  of  Cleveland  in  the  manner  provided 
by  law  for  the  election  of  other  judicial  officers.  The  three 
additional  judges  provided  for  in  this  act  shall  be  elected 
at  the  regular  municipal  election  of  1915  for  a  term  of  four 
years.  At  the  regular  municipal  election  next  preceding 
the  expiration  of  the  term  of  office  of  each  judge  a  successor 
shall  be  elected  for  a  term  of  six  years.  The  term  of  office 
of  each  judge  shall  commence  on  the  first  day  of  January 
next  after  his  election  and  he  shall  hold  office  until  his 
successor  is  elected  and  qualified.     (106  v.  274.) 


Laws  governing 
court  of  com- 
mon pleas 
applicable. 


Election  of 
clerk ;  com- 
pensation,       ^ 


Section  1579-40.  Where  no  special  provision  is  made 
in  this  act  the  laws  governing  the  court  of  common  pleas  as 
to  security  for  costs,  bills  of  exceptions,  motions  for  new 
trials,  vacation  or  modification  of  judgment  before  and 
after  terms,  the  referring  of  matters  to  a  referee,  the  issu- 
ing of  execution  and  orders  for  stay  of  execution,  and  the 
taking  of  depositions,  shall  be  held  to  apply  to  the  munici- 
pal court. 

At  the  municipal  election  of  1911  and  every  four  years 
thereafter,  there  shall  be  nominated  and  elected  a  clerk  of 
the  municipal  court  in  the  same  manner  as  other  municipal 
officers  are  nominated  and  elected,  who  shall  serve  until  his 
•successor  is  elected  and  qualified. 

He  shall  receive  such  compensation  payable  out  of  the 
treasury  of  Cuyahoga  county  not  less  than  two  thousand 
dollars  per  annum  as  the  county  commissioners  may  pre- 
scribe, and  such  further  compensation  not  less  than  twenty- 
five  hundred  dollars  per  annum  payable  in  monthly  install- 
ments out  of  the  treasury  of  the  city  of  Cleveland  as  the 
council  may  prescribe.  Deputies  to  the  clerk  shall  be  desig- 
Jiated  as  hereinafter  provided  for  in  this  act.     (103  v.  693.) 


SPECIAL  ELECTIONS — MUNICIPALITIES. 

MUNICIPAL  COURT  OP  DAYTON. 


245 


Judges  cousti- 
tuting  court  and 
qualifications. 


Election  of  ad- 
ditional judges; 
term. 


Section  1579-46.     That  hereafter  the  police  court  in   jp^^J'cSurt^o'f 
the  city  of  Dayton  shall  be  a  court  of  record  and  shall  be   Dayton." 
styled,  "The  Municipal  Court  of  Dayton,"  and  is  herein- 
after designated  and  referred  to  as  the  municipal  court. 
(103  V.  385.) 

Section  1579-47.  The  municipal  court  shall  hereafter 
consist  of  three  judges  one  of  whom  shall  be  chief  justice, 
and  the  present  police  judge  of  Dayton  shall  be  hereafter 
chief  justice  of  the  municipal  court  until  the  expiration  of 
his  present  term  and  all  of  said  judges  shall,  at  the  time  of 
their  election  or  appointment,  be  qr^ lifted  electors  and  resi- 
dents of  the  city  of  Dayton  and  shall  have  been  admitted  to 
the  practice  of  law  Tor  not  less  than  three  years.  (103  v. 
385.) 

Section  1579-48.  The  additional  judges  herein  created 
shall  be  elected  at  the  regular  municipal  election  in  Novem- 
ber, 1913,  for  terms  of  four  years  commencing  on  the  first 
of  January,  1914.  The  chief  justice  shall  be  elected  at  the 
regular  municipal  election  next  preceding  the  expiration  of 
his  term  of  office  for  a  term  of  four  years  and  all  judges 
shall  hold  office  until  their  successors  are  elected  and  quali- 
fied.    (103  V.  385.) 

Section  1579-49.  The  salary  of  the  judge  of  the  mu- 
nicipal court  shall  be  not  less  than  one  thousand  dollars  per 
annum,  payable  out  of  the  treasury  of  Montgomery  county 
in  monthly  installments,  as  the  county  commissioners  may 
prescribe,  and  such  further  compensation,  not  less  than  two 
thousand  five  hundred  dollars  per  annum,  payable  in 
monthly  installments  out  of  the  treasury  of  the  city  of 
Dayton,  as  the  council  or  other  proper  legal  authority  may 
prescribe.  The  chief  justice,  who  shall  be  specially  nomi- 
nated and  elected  as  such,  shall  receive  not  less  than  one 
thousand  dollars  per  annum,  payable  out  of  the  treasury 
of  Montgomery  county  in  monthly  installments,  as  the 
county  commissioners  may  prescribe,  and  such  further  com- 
pensation, not  less  than  three  thousand  dollars  per  annum, 
payable  in  monthly  installments  out  of  the  treasury  of  the 
city  of  Dayton,  as  the  council  or  other  proper  legal  author- 
ity may  prescribe.   (103  v.  386.) 

Section  1579-74.  The  clerk  shall  be  elected  at  the  reg-  cierk:  eiec- 
ular  municipal  election  in  1913  for  a  term  of  four  years  and'sa^^y. 
and  shall  receive  such  compensation,  payable  out  of  the 
treasury  of  the  city  of  Dayton,  not  less  than  two  thousand 
dollars  per  annum,  payable  in  monthly  installments,  as  the 
city  council  or  other  legal  authority  may  prescribe.  The 
deputies  to  the  clerk  shall  be  designated  as  hereinafter  pro- 
vided in  this  act.     (103  v.  392.) 


Salary 
judges. 


of 


Election  and 
salary   of   chief 
justice. 


246 


SPECIAL  ELECTIONS — MUNICIPALITIES. 


MUNICIPAL  COURT  OF  HAMILTON. 


"The  Municipal 
Court  of  the 
City   of  Hamil- 
ton,  Ohio." 


"Municipal 
Judge,"  qualifi- 
cations,  elec- 
tion, term, 
salary. 


Clerk,  election 
and  salary. 


Section  1579-90.  That  there  be,  and  hereby  is  created 
a  court  of  record  for  the  city  of  Hamilton,  Butler  county, 
Ohio,  to  be  styled  "The  Municipal  Court  of  the  City  of 
Hamilton,  Ohio,"  (the  jurisdiction  thereof,  to  be  as  herein 
and  hereafter  fixed  and  determined.)     (103  v.  345.) 

Section  1579-91.  Said  municipal  court  shall  be  pre- 
sided over  by  one  judge,  to  be  designated  herein  as  a  ' '  Mu- 
nicipal Judge,"  which  office  is  hereby  created,  and  whose 
term  of  office  shall  be  for  a  period  of  four  years,  at  a  salary 
of  two  thousand  dollars  per  annum,  payable  in  monthly  in- 
stallments, out  of  the  treasury  of  the  city  of  Hamilton, 
Ohio.  Said  municipal  judge  at  the  time  of  his  election  or 
appointment  shall  be  a  qualified  elector  and  resident  of  the 
city  of  Hamilton,  Ohio,  and  have  been  admitted  to  the 
practice  of  law  in  the  state  of  Ohio  for  not  less  than  five 
years.  Said  judge  shall  be  elected  at  the  next  regular  mu- 
nicipal election  after  the  going  into  effect  of  this  act,  for  a 
term  of  four  years,  commencing  on  the  first  day  of  Janu- 
ary next,  after  said  election  and  shall  hold  said  office  until 
his  successor  is  elected  and  duly  qualified.    (103  v.  345.) 

Section  1579-114.  A  clerk  for  said  municipal  court 
shall  be  elected  at  the  next  regular  municipal  election  after 
the  going  into  effect  of  this  act  for  a  term  of  four  years, 
commencing  on  the  first  day  of  January  next  after  said 
election  and  shall  hold  said  office  until  his  successor  is  duly 
elected  and  qualified  and  shall  receive  such  compensation 
payable  out  of  the  treasury  of  the  city  of  Hamilton  not 
less  than  twelve  hundred  dollars  per  annum,  payable  in 
monthly  installments,  as  the  city  council  may  prescribe. 
Deputies  to  the  clerk  shall  be  designated  as  hereinafter  pro- 
vided in  this  act.     (103  v.  351.) 


MUNICIPAL  COURT  OF  YOUNGSTOWN. 


Nomination 
and   election. 


Section  1579-131.  The  judges  of  the  municipal  court 
shall  be  nominated  by  petition,  as  is  now,  or  may  hereafter 
be,  provided  by  law,  and  shall  be  elected  by  the  electors  of 
the  city  of  Youngstown  and  Youngstown  township,  as  is 
now,  or  may  hereafter  be,  provided  by  law  for  the  election 
of  judicial  officers. 

The  first  election  of  said  judges  respectively  shall  be 
held  at  the  regular  municipal  and  township  election  of 
1913,  at  which  time  one  judge  shall  be  elected  for  four 
years,  and  one  for  two  years.  At  the  regular  municipal 
and  township  election  next  preceding  the  expiration  of  the 
term  of  office  of  each  judge  respectively  a  successor  shall  be 
elected  for  a  term  of  four  years.  The  term  of  office  of  each 
respective  judge  shall  commence  on  the  first  day  of  January 
next  after  his  election,  and  he  shall  hold  office  until  his  suc- 
cessor is  elected  and  qualified.     (103  v.  355.) 


SPECIAL  ELECTIONS — MUNICIPALITIES.  347    ' 

MUNICIPAL  COURT  OF  MIDDLETOWN.  ; 

i 

Section  8.    The  first  election  of  a  judge  of  such  mu-  Time  of  eiec-  ^ 

nicipal  court  shall  be  held  at  the  regular  municipal  election,   "j*"  jace^  *®^'"  j 

to  be  held  in  the  year  1917,  at  which  time  a  judge  shall  be  j 

elected  for  a  term  of  four  years.    The  term  of  office  of  such  \ 

judge  shall  commence  on  the  first  day  of  January  next  after  "; 
his  election  and  he  shall  hold  office  until  his  successor  is 

elected  and  qualified.     At  the  regular  municipal  election  , 

next  preceding  the  expiration  of  the  term  of  office  of  such  ] 

judge  a  successor  shall  be  elected  for  a  term  of  four  years.  ] 

MUNICIPAL  COURT  OP  ALLIANCE.  • 

Section  2.     Said  municipal  court  shall  be  presided  Municipal  judge :  [ 
over  by  one  judge,  to  be  designated  herein  as  a  ''municipal  lalaryr'qS'      I 

judge,  ^*  which  office  is  hereby  created,  and  whose  term  of  flcations.  | 

office  shall  be  for  a  period  of  four  years,  and  said  judge  ] 

shall  receive  such  compensation,  payable  out  of  the  treasury  ^ 

of  Stark  county  not  less  than  twelve  hundred  dollars  per  ] 
annum,  payable  monthly,  as  the  county  commissioners  may 

prescribe,  and  out  of  the  treasury  of  Lexington  township,  ' 

Stark  county,  Ohio,  not  less  than  two  hundred  dollars  per  ' 

annum,  as  the  township  trustees  may  prescribe,  and  out  of  J 

the  treasury  of  Washington  township.  Stark  county,  Ohio,  : 

not  less  than  one  hundred  dollars  per  annum,  as  the  town-  * 

ship  trustees  may  prescribe,  and  such  further  compensation,  j 

not  less  than  fifteen  hundred  dollars  per  annum,  payable  in  j 

monthly  installments  out  of  the  treasury  of  the  city  of  Al-  \ 

liance,  Ohio,  as  the  council  or  legislative  authority  may  pre-  ■ 

scribe.    Said  municipal  judge  at  the  time  of  his  election  or  •■ 

appointment,  and  during  the  continuance  of  his  office  shall  i 

be  a  qualified  elector  and  resident  of  either  the  township  of  "  : 
Lexington  or  the  township  of  Washington,  county  of  Stark, 

and  state  of  Ohio,  and  have  been  admitted  to  the  practice  of  ^ 

law  in  the  state  of  Ohio  for  not  less  than  five  years.    Said  1 

judge  shall  be  elected  at  the  next  regular  municipal  elec-  ] 

tion  after  the  going  into  effect  of  this  act,  for  a  term  of  \ 

four  years,  commencing  on  the  first  day  of  January  next,  j 

after  said  election  and  shall  hold  said  office  until  his  sue-  ^ 
cessor  is  elected  and  duly  qualified. 

Sr':TiON26.     A  clerk  for  said  municipal  court  shall  be  Election  of  - 
elected  at  the  next  regular  municipal  election  after  the  go-  cSinsatSn*"    j 
ing  into  effect  of  this  act  for  a  term  of  four  years,  com- 
mencing on  the  first  day  of  January  next  after  said  election, 
and  shall  hold  said  office  until  his  successor  is  duly  elected 

and  qualified,  and  shall  receive  such  compensation  payable  ^ 
out  of  the  treasury  of  the  city  of  Alliance  not  less  than 

twelve  hundred  dollars  per  annum,  payable  in  monthly  in-  j 

stallments,  as  the  city  council  may  prescribe.    Deputies  to  i 

the  clerk  shall  be  designated  as  hereinafter  provided  in  this  \ 

act.  I 


24S 


Nomlaation  and 
election. 


SPECIAL  ELECTIONS — MUNICIPALITIES. 

MUNICIPAL  COURT  OF  SANDUSKY. 

Section  4.  Said  judge  shall  be  nominated  and  voted 
for  in  such  manner  as  is  now  or  may  hereafter  be  provided 
by  law  for  the  nomination  and  election  of  judicial  officers. 


MUNICIPAL  COURT  OF  TOLEDO. 


Nomination  and 
election  of 
judges;  com- 
mencement 
of  terms. 


Section  of 
clerk;  t«rm. 
duties,  salary. 


Section  6.  The  judges  of  the  municipal  court  shall 
be  nominated  and  elected  by  the  electors  of  the  city  of 
Toledo  at  municipal  elections  in  the  same  manner  as  judges 
of  the  court  of  common  pleas  are  nominated  and  elected. 
The  first  election  of  municipal  judges  shall  be  held  at  the 
regular  municipal  election  in  the  year  one  thousand  nine 
hundred  and  seventeen,  at  which  time  two  judges  shall  be 
elected  for  six  years  and  two  judges  for  four  years.  At 
such  first  election  for  municipal  judge's,  the  two  candidates 
receiving  the  greatest  number  of  votes  shall  serve  as  judges 
for  six  years,  and  the  two  candidates  receiving  the  next 
greatest  number  of  votes  shall  serve  as  judges  for  four 
years.  Thereafter  at  each  regular  municipal  election  next 
preceding  the  expiration  of  the  terms  of  the  offices  of  each 
judge,  a  successor  shall  be  elected  for  each  of  such  offices 
for  a  term  of  six  years.  The  term  of  office  of  each  judge 
shall  commence  on  the  first  day  of  January  next  after  his 
election,  and  he  shall  hold  office  until  his  successor  is  elected 
and  qualified. 

Section  38.  There  shall  be  a  clerk  of  the  municipal 
court,  who  shall  be  nominated  and  elected  for  a  term  of 
four  years,  in  the  same  manner  as  is  now  or  may  be  pro- 
vided by  charter  of  the  city  of  Toledo  for  the  nomination 
and  election  of  city  officials.  The  first  election  of  clerk  shall 
be  held  at  the  regular  municipal  election  in  the  year  one 
thousand  nine  hundred  and  seventeen,  and  every  four  years 
thereafter  a  successor  shall  be  elected  for  a  like  term.  The 
clerk  shall  have  such  power  and  shall  perform  such  duties 
as  are  herein  given  and  required.  He  shall  receive  an 
annual  salary  of  three  thousand  dollars,  two  thousand  dol- 
lars of  which  shall  be  paid  out  of  the  treasury  of  the  city  of 
Toledo  in  monthly  installments,  and  one  thousand  dollars 
shall  be  paid  out  of  the  treasury  of  Lucas  county,  in  monthly 
installments.  The  term  of  office  of  the  clerk  shall  com- 
mence on  the  first  day  of  January  next  after  his  election 
and  he  shall  hold  office  until  his  successor  is  elected  and 
qualified.  The  said  clerk  shall  appoint  such  deputy  clerks 
as  the  court  shall  approve,  each  of  whom  shall  be  an  elector 
of  the  city  of  Toledo  and  shall  receive  such  compensation  as 
is  fixed  by  the  court,  not  exceeding  fifteen  hundred  dollars 
per  annum,  payable  in  monthly  installments  out  of  the 
treasury  of  the  city  of  Toledo.  At  least  two  of  such  deputy 
clerks  shall  be  stenographers. 


SPECIAL  ELECTIONS — MUNIOIPALITIES.  249 

MUNICIPAL  COURT  OF  ZANESVILLE. 

Section  2.  Said  municipal  court  shall  be  presided  Qualifications, 
over  by  one  judge,  designated  herein  as  a  ''Municipal  onSid^J*  "***'^ 
Judge,"  which  office  is  hereby  created,  and  whose  term  of 
office  shall  be  for  a  period  of  four  years,  at  a  salary  of  one 
thousand  eight  hundred  dollars  per  annum,  payable  in 
monthly  instalhnents,  out  of  the  treasury  of  the  city  of 
Zanesville,  Ohio.  Said  municipal  judge  at  the  time  of  his 
election  or  appointment  shall  be  a  qualified  elector  and 
resident  of  the  city  of  Zanesville,  Ohio,  and  have  been  ad- 
mitted to  the  practice  of  law  in  the  state  of  Ohio  for  not 
less  than  one  year.  Said  judge  shall  be  elected  at  the  next 
regular  election  after  the  going  into  effect  of  this  act,  for  a 
term  of  four  years,  commencing  on  the  first  day  of  January 
next,  after  said  election  and  shall  hold  said  office  until  his 
successor  is  elected  and  duly  qualified. 


SCHOOL  ELECTIONS. 


CITY  DISTRICTS. 
Section  ^,  ._.  ^ 

4698.  Boards  in  city  schools  districts. 

4699.  Number  of  members  determined,  how; 

division  Into  erubdistricts :  redlstrict- 
Ing. 

How  number  of  members  fixed. 

Election  of  additional  members,  when; 
retiring  members  determined  by  lot. 

Term;  when  members  elected. 

Electors  in  attached  territory  entitled 
to  vote. 

Submission  of  question  of  number  of 
members;  commission  to  frame  plans 
of  organization  for  submission. 

When  and  how  plans  shall  be  submitted 
and  for  what  they  shall  provide. 

Election;  expense. 

Adoption  of  by  majority  vote;  expira- 
tion of  terms. 


4700. 
4701. 


4702. 
4703. 


4704. 


4705. 


4706 
4707 


VILLAGE    DISTRICTS. 

4682.  Village  with  less  than  $500,000  valua- 
tion not  a  village  district;  vote  to 
organize  village  school  district. 

4682-1.  Proposition  to  dissolve  village  school 
district. 

4708.  Board  of  education. 

4709.  Terms  of  members  chosen  at  first  elec- 

tion. 

4710.  Election  In  newly  created  village;  ap- 

pointment of  board  of  education  on 
failure  to  elect;  organization  of 
board. 

4711.  Assignment  of  electors  in  attached  ter- 

ritory. 


RURAL  DISTRICTS. 

Section 

4712,        Board  of  education, 

4714.  Assignment  of  electors  in  attached  ter- 
ritory. 

4736-1.  Election  of  members  of  board  in  new 
district;  appointment  in  certain 
cases. 

CENTRALIZATION. 

4726.  Submission  of  question. 

4726-1.  When  township  contains  two  or  more 
districts:  new  board  created  by  pro- 
bate judge. 

4727,  Submission  of  question  of  decentraliza- 

tion. 

DISSOLUTION  OF  RURAL  DISTRICT. 

4735-1.  Procedure  to  dissolve  and  join  to  an- 
other. 

INCREASE   OF   TAX   LEVY. 


7591. 
7592, 
7593. 


7625. 
7626. 


7669. 


Maximum  levy. 

Greater   tax   may   be   levied. 

Notice   of   election. 

EXTENSIONS. 

Submission  of  question  of  bond  issue. 
When  bonds  may  issue. 

UNIONIZATION, 

Union  of  districts  for  high  schools. 


Board  in  dis- 
tricts less  than 
50,000  popula- 
tion. 


In   districts 
more  than  50,000 
and  less  than 
150,000. 


In  districts  more 
than  150,000, 


CITY  DISTKICTS. 

Section  4698.  In  city  school  districts  containing  ac- 
cording to  the  last  federal  census  a  population  of  less  than 
50,000  persons,  the  board  of  education  shall  consist  of  not 
less  than  three  members  nor  more  than  five  members  elected 
at  large  by^  the  qualified  electors  of  such  district. 

In  city  school  districts  containing  according  to  the  last 
federal  census  a  population  of  50,000  persons  or  more,  but 
less  than  150,000  persons,  the  board  of  education  shall  con- 
sist of  not  less  than  two  members  nor  more  than  seven 
members  elected  at  large  or  not  less  than  two  members  nor 
more  than  seven  members  elected  at  large  and  not  more 
than  two  members  elected  from  subdistricts  by  the  qualified 
electors  of  their  respective  subdistricts.  The  office  of  sub- 
district  member  in  boards  of  education  in  all  such  city 
school  districts  having  more  than  two  subdistrict  members 
is  hereby  abolished  and  the  terms  of  members  elected  from 
such  subdistricts  shall  terminate  on  the  day  preceding  the 
first  Monday  in  January,  1920. 

In  city  school  districts  containing  according  to  the 
last  federal  census  a  population  of  150,000  persons  or  more, 
the  board  of  education  shall  consist  of  not  less  than  five  nor 
more  than  seven  members  elected  at  large  by  the  qualified 
electors  of  such  district;  the  office  of  subdistrict  member 
in  boards  of  education  in  all  such  city  school  districts  is 
hereby  abolished  and  the  terms  of  members  elected  from 

(2S0) 


SCHOOL  ELECTIONS.  261 


CITY   DISTRICTS. 


subdistricts  shall  terminate  on  the  day  preceding  the  first  Boards  must  ' 
Monday  in  January,  1920.     (Pt.  1,  108-192.)                           laT^thm'SS        ■ 

Section  4699.     Within  thirty  days  after  this  act  shall  ^y^'  resolution,     ; 

take  effect,  the  board  of  education  of  each  and  every  city  \ 

school  distrtict  in  which  the  number  of  members  does  not  i 

conform  to  the  provisions  of  section  4698  shall  by  resolution  i 

determine  within  the  limits  prescribed  by  said  sections  the  '; 

number  of  members  of  said  board  of  education.    Said  reso-  ■" 
lution  shall  provide  for  the  classification  of  the  terms  of 

members  so  that  they  will  conform  to  the  provisions  of  ^ 

section  4702,  General  Code,  taking  into  consideration  the  , 

terms  of  office  of  the  existing  members  whose  terms  do  not  \ 

expire  or  terminate  on  the  day  preceding  the  first  Monday  j 

in  January,  1920.  i 

At  the  same  time  such  boards  of  education  in  city  ^ 
school  districts  containing  according  to  the  federal  census  ■ 
a  population  of  50,000  persons  or  over,  but  less  than  150,000  - 
persons,  and  electing  to  have  subdistricts,  shall  subdivide  Division  into  J 
such  city  school  district  into  subdivisions  equal  in  number  nunSf/ing^'  • 
to  the  number  of  members  of  the  board  of  education  in  the  ^ 
district,  who  are  to  be  elected  from  subdistricts  therein  so  ' 
established.  Such  subdistricts  shall  be  bounded,  as  far  as  * 
practicable,  by  corporation  lines,  streets,  alleys,  avenues,  ;! 
public  grounds,  canals,  watercourses,  ward  boundaries,  vot-  i 
ing  precinct  boundaries,  or  present  school  district  boun-  : 
daries,  and  shall  be  as  nearly  equal  in  population  as  pos- 
sible and  be  composed  of  adjacent  and  as  compact  territory  • 
as  practicable.  Such  subdivision  shall  be  numbered  from  ] 
one  up  consecutively  and  the  lines  thereof  so  fixed  shall  not  j 
be  changed  until  after  each  succeeding  federal  census.  ; 
Within  three  months  after  the  official  announcement  of  the 
result  of  each  succeeding  federal  census,  the  board  of  edu-  J 
cation  of  each  city  school  district  which  according  to  such  j 
census  shall  have  a  population  of  50,000  persons  or  over  and  ^ 
less  than  150,000  persons,  and  shall  elect  to  have  subdis-  ; 
tricts,  shall  redistrict  such  district  into  subdistricts  in  ac-  -^ 
cordance  with  the  provisions  of  this  chapter.  If  the  board  j 
of  education  of  any  such  district  fails  to  district  or  re- 
district  such  city  school  district,  as  herein  required  then  i 
the  state  superintendent  of  public  instruction  shall  forth-  ^ 
with  district  or  redistrict  such  city  school  district,  subject 
to  the  requirements  of  this  chapter.     (Pt.  I,  108-192.)  ^ 

Section  4700.     The  board  of  education  of  each  city  ^^^'jfe/^f'mm      ' 
school  district,  by  resolution,  shall  fix  within  the  limits  so  bers  and  sub-        i 

prescribed  the  number  of  members  of  the  board  of  edu-   bounSnes.  : 

cation,  to  be  elected  at  large,  and  the  number  of  members  i 

of  the  board  to  be  elected  by  city  districts.    At  the  same  j 

time,  the  board  shall  subdivide  such  city  school  district  into  ■■ 

subdivisions   equal   in    number   to   the   number   of   mem-  j 

bers  of  the  board  of  education  in  the  district,  who  are  to  i 

be  elected  from  subdistricts  therein  so  established.     Such  ^ 

subdistricts  shall  be  bounded,   as  far  as  practicable,   by  ] 


258 


SCHOOL  ELECTIONS. 


Election  provi- 
sion in  view  of 
federal  census. 


When  excess  of 
members  to  be 
retired  by  lot. 


Tenn. 


When  mem- 
bers elected. 


CITY   DISTRICTS. 

corporation  lines,  streets,  alleys,  avenues,  public  grounds, 
canals,  water  courses,  ward  boundaries,  voting  precinct 
boundaries,  or  present  school  district  boundaries,  and  shall 
be  as  nearly  equal  in  population  as  possible  and  be  com- 
posed of  adjacent  and  as  compact  territory  as  practicable. 
The  lines  of  such  subdistricts  so  fixed  shall  not  be  changed 
until  after  each  succeeding  federal  census.  (R.  S.  Sec. 
3897.) 

Section  4701.  Whenever  the  number  of  members  of 
the  board  of  education  of  a  city  school  district  is  so  fixed  in 
the  resolution  provided  for  in  section  4699,  that  the  number 
of  members  of  said  board  to  be  elected  in  the  year  1921  in 
order  to  comply  with  the  provisions  of  section  4702,  exceeds 
the  number  of  members  whose  terms  expire  on  the  day  pre- 
ceding the  first  Monday  in  January,  1922,  such  excess  num- 
ber of  members  of  such  school  board  shall  be  elected  at  the 
general  school  election  in  the  year  1919  for  such  terms  of 
two  years  necessary  to  comply  with  the  provisions  of  sec- 
tions 4698  and  4702. 

Whenever  the  number  of  members  of  any  such  board 
of  education  is  so  fixed  as  provided  in  this  act,  that  the 
number  of  members  of  said  board  to  be  elected  in  the  year 
1921,  in  order  to  comply  with  the  provisions  of  section 
4702,  is  less  than  the  number  of  members  whose  terms  ex- 
pire or  terminate  on  the  day  preceding  the  first  Monday 
in  January,  1922,  the  member  or  members  to  retire,  so  that 
there  will  be  a  compliance  with  sections  4698  and  4702, 
shall  be  determined  by  lot  from  among  those  whose  terms 
would  expire  on  the  day  preceding  the  first  Monday  in  Jan- 
uary, 1922,  the  terms  of  office  of  those  on  whom  the  lot 
falls  shall  expire  on  the  day  preceding  the  first  IMonday  in 
January,  1920.     (Pt.  I,  108-192.) 

Section  4702.  The  term  of  office  of  all  members  of 
boards  of  education  in  city  school  districts,  except  as  pro- 
vided in  section  4701,  shall  be  four  years.  All  members  in 
office  at  the  time  this  act  takes  effect  shall  serve  the  unex- 
pired portions  of  the  terms  for  which  they  were  re- 
spectively elected  and  until  their  successors  are  elected  and 
qualified,  unless  their  terms  shall  expire  or  shall  have  been 
terminated  as  provided  by  sections  4698  and  4701. 

If  the  number  of  members  of  a  board  of  education  of 
any  city  school  district  to  be  elected  at  large  as  fixed  pur- 
suant to  section  4699  be  even,  one-half  thereof  shall  be 
elected  in  the  preceding  year,  and  the  remaining  half  in  the 
year  following  the  calendar  year  divisible  by  four.  If  such 
number  be  odd,  one-half  of  the  remainder  after  diminish- 
ing the  number  by  one  shall  be  elected  in  the  year  pre- 
ceding, and  the  remaining  number  shall  be  elected  in  the 
year  following  the  calendar  divisible  by  four.  All  mem- 
bers to  be  elected  from  odd  numbered  subdistricts  shall  be 
elected  at  one  and  the  same  election,  and  all  members  from 
even  numbered  subdistricts  shall  be  elected  at  the  alternate 
election.     (103  v.  277.) 


SCHOOL  ELECTIONS. 


25% 


CITY   DISTRICTS. 


Section  4703.  When  territory  is  attached  to  a  city 
school  district  for  school  purposes,  the  electors  residing  in 
said  attached  territory  shall  be  entitled  to  vote  for  school 
officers  and  on  all  scliool  questions  in  said  district.  It  shall 
he  the  duty  of  the  board  of  education  of  such  city  school 
district  to  assign  such  territory  to  the  adjoining  election 
precinct  or  precincts  of  said  district  and  to  have  a  map  pre- 
pared showing  such  assignment,  which  shall  be  made  a  part 
of  the  records  of  said  board.  The  electors  residing  in  such 
attached  territory  shall  be  entitled  to  vote  in  the  precincts 
to  which  they  are  assigned,  but  in  case  no  assignment  is 
made  by  the  board  of  education,  each  elector  shall  vote  in 
the  precinct  nearest  his  residence. 

An  elector  residing  in  a  city  but  not  in  the  city  school 
district  of  said  city  shall  not  be  entiteld  to  vote  in  said  city 
school  district.     (103  v.  277.) 

Section  4704.  If,  at  any  time,  a  petition  signed  by 
ten  (10%)  per  cent,  of  the  electors  of  any  district  shall  be 
tiled  with  the  clerk  of  the  board  of  education  of  such  dis- 
trict asking  that  the  question  what  shall  be  the  number  of 
members  and  what  the  organization  of  the  board  of  educa- 
tion of  such  district  be  submitted  to  the  electors  thereof, 
such  board  of  education  shall  within  thirty  days  after  the 
tiling  of  such  petition  provide  by  resolution  for  submitting 
sucli  question  to  the  electors  of  such  district.  Such  ques- 
tion shall  not  be  submitted  to  a  referendum  vote  more  than 
once  in  any  period  of  four  years  and  the  percentage  of 
electors  required  to  sign  such  petition  shall  be  based  upon 
the  total  vote  cast  at  the  last  preceding  general  school 
election. 

Said  resolution  shall  require  that  such  question  shall 
be  submitted  at  the  next  regular  school  election  and  shall 
also  provide  for  the  appointment  of  a  commission  to  frame 
two  or  more  plans  of  organization  for  submission  as  above 
provided.  Said  commission  shall  consist  of  seven  members, 
three  of  whom  shall  be  appointed  by  the  president  of  the 
board  of  education  of  such  district,  two  by  the  mayor  of 
the  city  in  which  such  district  is  embraced  and  two  by  the 
president  of  the  board  of  sinking  fund  trustees  of  such  city. 

A  certified  copy  of  said  resolution  shall  immediately 
after  its  passage  be  transmitted  to  the  mayor  and  president 
of  the  board  of  sinking  fund  trustees  of  said  city  and  such 
commission  shall  be  appointed  and  shall  organize  within 
sixty  days  after  the  passage  of  said  resolution.  (103  v. 
277.) 

Section  4705.  Said  commission  shall  prepare  and  sub- 
mit to  the  electors  at  the  next  general  school  election,  if  one 
occur  not  less  than  one  hundred  and  twenty  days  after  the 
passage  of  said  resolution,  otherwise,  at  the  second  general 
school  election,  two  or  more  plans  for  the  organization  of 
the  board  of  education  in  such  district,  but  in  no  event 
shall  less  than  two  plans  be  submitted.  Each  plan  shall 
provide  for  the  number  of  members,  the  length  of  term  of 


Electors  la  at- 
tached territory 
entitled  to  vote. 


Submission  of 
queslion  of 
number  of 
members. 


Commission  to 
frame  plans  of 
organization  for 
submission. 


When   and  how 
plans  shall  be 
submitted   and 
for  what  they 
shall   provide. 


254 


SCHOOL  ELECTIONS. 


CITY   DISTRICTS. 


Election : 
expense. 


Adoption  of  by 
majority  vote. 


Expiration  of 
terms. 


the  members  and  the  organization  of  the  board;  one  plan 
so  submitted  shall  provide  for  a  board  of  the  same  number 
and  of  the  same  organization  as  the  board  existing  in  said 
district  at  the  time  of  said  election.  Said  plans  shall  be 
submitted  to  the  electors  of  said  district  on  a  separate  bal- 
lot, bearing  no  party  designation  and  in  such  form  as  said 
commission  may  determine.  A  certified  copy  of  the  reso- 
lution determining  such  form  shall  be  transmitted  by  said 
commission  to  the  proper  election  authorities  a  sufficient 
length  of  time  prior  to  said  election  to  enable  the  ballot 
therefor  to  be  prepared.    (103  v.  278.) 

Section  4706.  Provision  shall  be  made  by  the  board 
of  deputy  state  supervisors  and  inspectors  of  election  or 
other  board  or  officer  having  charge  of  elections  within  any 
district  for  the  preparation  of  the  ballots  for  the  holding 
of  said  election  as  hereinbefore  provided  and  said  election 
shall  be  conducted  in  all  respects  not  herein  specifically 
provided  for,  in  a  manner  prescribed  by  general  law  for 
school  elections. 

The  board  of  education  of  such  district  shall  make  such 
provision  as  is  necessary  for  meeting  the  expense  of  said 
commission,  but  said  commissioners  shall  receive  no  com- 
pensation.   (103  V.  278.) 

Section  4707.  If  any  plan  so  submitted  shall  receive 
a  majority  of  the  number  of  votes  cast  for  all  of  the  plans, 
it  shall  thereafter  become  the  law  governing  the  number 
of  members  and  the  organization  of  the  board  of  education 
in  such  district  and  at  the  next  general  school  election  fol- 
lowing the  adoption  of  such  plan  all  of  the  members  of  the 
board  of  education  of  such  district  shall  be  elected  pursuant 
to  such  plan. 

The  terms  of  all  members  of  the  board  of  education  of 
such  district  who  may  have  been  elected  prior  to  the  adop- 
tion of  such  plan,  or  who  may  be  elected  at  the  general 
school  election  at  which  such  plan  is  adopted,  shall  expire 
on  the  day  preceding  the  first  Monday  of  January  follow- 
ing the  next  general  school  election  thereafter.  All  mem- 
bers elected  at  said  general  school  election  following  the 
adoption  of  such  plan  shall  take  office  on  the  first  Monday 
of  January  next  following  their  election  and  shall  hold 
office  during  such  term  or  terms  as  may  be  provided  by 
such  plan  adopted  by  the  electors  of  said  district,  but  no 
terms  shall  be  for  less  than  two  years.     (103  v.  278.) 


Village  with  leas 
than  five  hun- 
dred thousand 
valuation  not  a 
village    district. 


VILLAGE  DISTRICTS. 

Section  4682.  A  village,  together  with  the  territory 
attached  to  it  for  school  purposes,  and  excluding  the  terri- 
tory within  its  corporate  limits  attached  for  school  pur- 
poses, with  a  tax  valuation  of  less  than  five  hundred  thou- 
sand dollars,  shall  not  constitute  a  village  school  district, 
but  the  proposition  to  organize  the  territory  thus  formed 
'into  a  village  school  district  may  be  submitted  by  the  board 


SCHOOL  ELECTIONS. 


265 


VILLAGE  DISTRICTS. 


of  education,  and  shall  be  submitted  by  the  board  of  educa- 
tion upon  the  presentation  to  it  of  a  written  petition  for 
such  purpose  signed  by  25  per  cent,  of  the  electors  of  the 
territory  thus  formed,  to  a  vote  of  the  electors  of  the  terri- 
tory thus  formed  at  any  general  or  a  special  election  called 
for  that  purpose,  and  be  so  determined  by  a  majority  vote 
of  such  electors.     (103  v.  546.) 

Section  4682-1.  A  village  school  district  containing  a 
population  of  less  than  fifteen  hundred  may  vote  at  any 
general  or  special  election  to  dissolve  and  join  any  con- 
tiguous rural  district.  After  approval  by  the  county  board 
such  proposition  shall  be  submitted  to  the  electors  by  the 
village  board  of  education  on  the  petition  of  one-fourth  of 
the  electors  of  such,  village  school  district  or  the  village 
board  may  submit  the  proposition  on  its  own  motion  and 
the  result  shall  be  determined  by  a  majority  vote  of  such 
electors.     (103  v.  133.) 

Section  4708.  In  village  school  districts,  the  board 
of  education  shall  consist  of  five  members  elected  at  large 
at  the  same  time  as  municipal  officers  are  elected  and  in  the 
manner  provided  by  law.     (R.  S.  Sec.  3908.) 

Section  4709.  At  the  first  election  in  such  district,  a 
board  of  election  shall  be  elected,  two  members  to  serve  for 
two  years  and  three  to  serve  for  four  years.  At  the  proper 
municipal  election  held  thereafter,  their  successors  shall  be 
elected  for  a  term  of  four  years.    (R.  S.  Sec.  3908.) 

Note  : — ^A  special  election  for  members  of  the  board  of  education  of  a  village 
district  in  a  newly  incorporated  village  cannot  be  held  at  the  same  time  and  place 
designated  by  council  for  the  holding  of  a  special  election  under  the  Beal  Law. 
The  latter  act  requires  the  election  under  the  Beal  Law  to  be  a  special  one,  and 
the  ballot  used  Is  such  that  it  is  impractical  to  hold  an  election  of  oflflcers  at  the 
same  time. 


Vote  to  organize 
village  school 
district. 


When  and  how 
village  school 
districts  may 
dissolve  and  Join 
rural  districts. 


Board  of  educa- 
tion In  village 
districts. 


Terms  of  mem- 
bers (hosen  at 
first    election. 


Election  in 
newly   created 
village. 


Section  4710.    In  villages  hereafter  created,  a  board 
of  education  shall  be  elected  as  provided  in  the  preceding 
section.    When  villages  hereafter  created,  or  which  have 
been  heretofore  created,  fail  or  have  failed  to  elect  a  board 
of  education  as  provided  in  the  preceding  section,  the  com- 
missioners of  the  county  to  which  said  district  belongs, 
shall  appoint  such  board,  and  the  members  so  appointed  boTrd"ofTduca' 
shall  serve  until  their  successors  are  elected  and  qualified,   tion  on  failure 
The   successors   of   the   members   so   appointed,   shall   be  *°  ^^^^*" 
elected  at  the  first  election  for  members  of  the  board  of 
education  held  in  such  district  after  such  appointment ;  two 
members  to  serve  for  two  years  and  three  members  for  four 
years,  and  thereafter  their  successors  shall  be  elected  in 
the  manner  and  for  the  term  as  provided  by  section  4709 
of  the  General  Code.    The  board  so  appointed  by  the  county  organization 
commissioners  shall  organize  on  the  second  Monday  after  ^^  ^°^^^- 
their  appointment.     If  the  members  of  such   board   are 
elected  at  a  special  election  held  in  such  district  the  mem- 
bers so  elected  shall  serve  for  the  term  indicated  in  the  pre- 
ceding section,  from  the  first  Monday  in  January  after  the 
preceding  election  for  members  of  the  board  of  education 


266 


SCHOOL  ELECTIONS. 


VILLAGE  DISTRICTS. 


Assignment  of 
electors  in  at- 
tached  territory 
for   voting   pur- 
poses. 


and  the  board  shall  organize  on  the  second  Monday  after 
such  election.     (103  v.  166.) 

Section  4711.  Electors  residing  in  territory  attached 
to  a  village  district  for  school  purposes,  may  vote  for  school 
officers  and  on  all  school  questions  at  the  proper  voting 
place  in  the  village  to  which  the  territory  is  attached.  If 
the  village  is  divided  into  precincts,  the  board  of  education 
of  the  village  school  district  shall  assign  such  attached  ter- 
ritory to  the  adjoining  precinct  or  precincts  of  the  village, 
and  have  a  map  prepared  showing  such  assignment,  which 
map  shall  be  made  a  part  of  the  records  of  the  board. 
Electors  residing  in  such  attached  territory  may  vote  in  the 
precinct  to  which  they  are  assigned,  but,  if  no  assignment 
of  territory  is  made,  they  shall  vote  in  the  precinct  nearest 
their  residence.  An  elector  residing  in  the  village  but  not 
in  the  village  school  district  shall  not  vote  in  such  village 
school  district.     (R.  S.  Sec.  3910-3.) 


Board  of  educa- 
tion  in  rural 
school  districts. 


AssiRument   of 
electors  in  at- 
tached territory 
for  school  pur- 

P0S8S. 


Powers  and 
duties  of 
county  board. 


EURAL  DISTRICTS. 

Section  4712.  In  rural  school  districts,  the  board  of 
education  shall  consist  of  five  members  elected  at  large  at 
the  same  time  township  officers  are  elected  and  in  the  man- 
ner provided  by  law,  for  a  term  of  four  years.  (104  v.  135.) 

Section  4714.  Electors  residing  in  a  rural  school  dis- 
trict may  vote  for  school  officers  and  on  all  school  questions 
at  the  proper  voting  place  in  the  township  in  which  such 
district  is  located.  If  the  township  is  divided  into  different 
voting  precincts,  the  board  of  education  of  such  district 
shall  assign  the  voters  thereof  to  the  proper  precinct  or 
precincts,  and  a  map  shall  be  prepared  showing  such  as- 
signment, which  map  shall  be  made  a  part  of  the  records 
of  the  board.  Electors  may  vote  according  to  such  assign- 
ment, but,  if  no  assignment  of  territory  is  made,  they  shall 
vote  in  th^  precinct  nearest  their  residence.     (104  v.  135.) 

Sec.  4736.  The  county  board  of  education  shall  ar- 
range the  school  districts  according  to  topography  and  pop- 
ulation in  order  that  the  schools  may  be  most  easily  acces- 
sible to  the  pupils,  and  shall  file  with  the  board  or  boards  of 
education  in  the  territory  affected,  a  written  notice  of  such 
proposed  arrangement;  which  said  arrangement  shall  be 
carried  into  effect  as  proposed  unless,  within  thirty  days 
after  the  filing  of  such  notice  with  the  board  or  boards  of 
education,  a  majority  of  the  qualified  electors  of  the  terri- 
tory affected  by  such  order  of  the  county  board,  file  a  writ- 
ten remonstrance  with  the  county  board  against  the  ar- 
rangement of  school  districts  so  proposed.  The  county 
board  of  education  is  hereby  authorized  to  create  a  school 
district  from  one  or  more  school  districts  or  parts  thereof. 
The  county  board  of  education  is  authorized  to  appoint  a 
board  of  education  for  such  newly  created  school  district 
and  direct  an  equitable  division  of  the  funds  or  indebted- 
ness belonging  to  the  newly  created  district.    Members  of 


SCHOOL  ELECTIONS. 


257 


RURAL  DISTRICTS. 


the  l)oards  of  education  of  the  newly  created  district  shall 
thereafter  be  elected  at  the  same  time  and  in  the  same  man- 
ner as  the  boards  of  education  of  the  village  and  rural  dis- 
tricts.    (106  0.  L.  396.) 

Section  4736-1.  In  rural  school  districts  hereafter 
created  by  a  county  board  of  education,  a  board  of  educa- 
tion shall  be  elected  as  provided  in  section  4712  of  the 
General  Code.  When  the  rural  school  districts  hereafter  so 
created,  or  which  have  been  heretofore  so  created,  fail  or 
have  failed  to  elect  a  board  of  education  as  provided  in  said 
section  4712,  or  whenever  there  exists  such  school  district 
which  for  any  reason  or  cause  is  not  provided  with  a  board 
of  education,  the  commissioners  of  the  county  to  which  such 
district  belongs  shall  appoint  such  board  of  education,  and 
the  members  so  appointed  shall  serve  until  their  successors 
are  elected  and  qualified.  The  successors  of  the  members 
so  appointed  shall  be  elected  at  the  first  election  for  mem- 
bers of  the  board  of  education  held  in  such  district  after 
such  appointment,  two  members  to  serve  for  two  years  and 
three  members  for  four  years.  And  thereafter  their  suc- 
cessors shall  he  elected  in  the  manner  and  for  the  term  as 
provided  by  section  4712  of  the  General  Code.  The  board 
so  appointed  by  the  commissioners  of  the  county  shall 
organize  on  the  second  Mionday  after  their  appointment. 
(106  V.  550.) 

CENTRALIZATION. 

Section  4726.  A  rural  board  of  education  may  sub- 
mit the  question  of  centralization,  and,  upon  the  petition  of 
not  less  than  one-fourth  of  the  qualified  electors  of  such 
rural  district,  or  upon  the  order  of  the  county  board  of 
education,  must  submit  such  question  to  the  vote  of  the 
qualified  electors  of  such  rural,  district  at  a  general  election 
or  a  special  election  called  for  that  purpose.  If  more  votes 
are  cast  in  favor  of  centralization  than  against  it  at  such 
election,  such  rural  board  of  education  shall  proceed  at 
once  to  the  centralization  of  the  schools  of  the  rural  dis- 
trict, and,  if  necessary,  purchase  a  site  or  sites  and  erect  a 
suitable  building  or  buildings  thereon.  If,  at  such  election, 
more  votes  are  cast  against  the  proposition  of  centralization 
than  for  it,  the  question  shall  not  again  be  submitted  to  the 
electors  of  such  rural  district  for  a  period  of  two  years, 
except  upon  the  petition  of  at  least  forty  per  cent,  of  the 
electors  of  such  district.     (104  v.  139.) 

Section  4726-1.  In  township  in  which  there  are  one 
or  more  school  districts,  the  qualified  electors  of  such  school 
districts  may  vote  on  the  question  of  centralizing  the 
schools  of  said  township  districts,  or  of  special  school  dis- 
tricts therein,  without  interfering  with  the  existing  school 
district  organization  until  the  result  of  the  election  shall 

NoTK  : — Only  electors  of  the  township  school  district  may  vote  upon  question 
of  centralization.    Atty.  Gen.  12-10-1907. 

9— E.  L. 


Election  of 
members  of 
board  of  edu- 
cation in  new 
district;    ap- 
pointment   in 
certain    cases. 


Question  of  cen- 
tralization to  be 
submitted  to 
vote. 


258 


SCHOOL  EXLECnONS. 


CENTRALIZATION. 


Submission  of 
question  of  de- 
centralization. 


Transfer  of  teT- 
ritory  author- 
ized. 


have  been  determined.  If  at  such  election  in  any  township 
a  majority  of  all  the  votes  cast  shall  be  in  favor  of  cen- 
tralizing the  schools  in  said  township,  the  probate  judge  of 
the  county  shall  create  a  new  board  of  education  for  the 
said  township,  without  delay,  by  selecting  from  the  several 
boards  of  education  thus  consolidated,  five  suitable  per- 
sons, giving  each  former  district  its  fair  representation  in 
such  selection,  which  such  five  persons  so  selected  shall  con- 
stitute the  board  of  education  for  said  township  until  the 
first  township  election  thereafter;  at  such  first  township 
election  thereafter  the  electors  of  such  township  shall  elect 
two  members  of  the  board  of  education  for  two  years,  and 
three  members  to  serve  for  three  years,  and  at  the  proper 
elections  thereafter  their  successors  shall  be  elected  for  four 
years.  If  a  majority  of  the  electors  in  said  township  vote 
against  said  centralization  at  the  time  above  designated, 
then  the  several  school  districts  in  said  township  shall  pro- 
ceed as  though  no  election  had  been  held.    (106  v.  442.) 

Section  4727.  When  the  schools  of  a  rural  school  dis- 
trict have  been  centralized  such  centralization  shall  not  be 
discontinued  within  three  years,  and  then  only  by  petition 
and  election,  as  provided  in  section  4726.  If  at  such  elec- 
tion more  votes  are  cast  against  centralization  than  for  it, 
the  division  into  subdistricts  as  they  existed  prior  to  cen- 
tralization shall  thereby  be  re-established.  Nothing  in  this 
or  the  foregoing  sections,  namely,  sections  4726  and  4726-1, 
shall  prevent  a  county  board  of  education  upon  the  peti- 
tion of  two-thirds  of  the  qualified  electors  of  the  territory 
petitioning  for  transfer,  from  transferring  territory  to  or 
from  a  centralized  school  district,  the  same  as  to  or  from 
a  district  not  centralized.     (Pt.  I,  108-235.) 


DISSOLUTION  OF  RURAL  DISTRICT. 


Procedure  to 
dissolve  rural 
district  and  join 
to  others  con- 
tiguous thereto. 

I 


Section  4735-1.  When  a  petition  is  signed  by  not  less 
than  one-fourth  of  the  electors  residing  within  the  territory 
constituting  a  rural  school  district,  praying  that  the  rural 
district  be  dissolved  and  joined  to  a  contiguous  rural  or  vil- 
lage district,  is  presented  to  the  board  of  education  of  such 
district;  or  when  such  board,  by  a  majority  vote  of  the 
full  membership  thereof,  shall  decide  to  submit  the  question 
to  dissolve  and  join  a  contiguous  rural  or  village  district, 
the  board  shall  fix  the  time  of  holding  such  election  at  a 
special  or  general  election.  The  clerk  of  the  board  of  such 
district  shall  notify  the  deputy  state  supervisors  of  elec- 
tions, of  the  date  of  such  election  and  the  purposes  thereof, 
and  such  deputy  state  supervisors  shall  provide  therefor. 
The  clerk  of  the  board  of  education  shall  post  notices  there- 
of in  five  public  places  within  the  district.  The  result  shall 
be  determined  by  a  majority  vote  of  such  electors.  (104  v. 
138.) 


election. 


BOHOOL  BLECTIONS.  259 

INCREASE  OP  TAX  LEVY. 

Section  7591.  Except  as  hereinafter  provided,  the  Maximum  lery. 
local  tax  levy  for  all  school  purposes  shall  not  exceed 
twelve  mills  on  the  dollar  of  valuation  of  taxable  property 
in  any  school  district,  and  in  the  city  school  districts  shall 
not  be  less  than  six  mills.  Such  levy  shall  not  include  any 
special  levy  for  a  specified  purpose,  provided  for  by  a  vote 
of  the  people.    (R.  S.  Sec.  ^959.) 

Section  7592.  A  greater  or  less  tax  than  is  author-  Greater  ux 
ized  above  maj^  be  levied  for  any  or  all  school  purposes.  ™*^  ***  ^®^**' 
Any  board  of  education  may  make  an  additional  annual 
levy  of  not  more  than  five  mills  for  any  number  of  con- 
secutive years  not  exceeding  five,  if  the  proposition  to  make 
such  levy  or  levies  has  been  submitted  by  the  board,  to  a 
vote  of  the  electors  of  the  school  district,  under  a  resolu- 
tion prescribing  the  time,  place  and  nature  of  the  proposi- 
tion to  be  submitted,  and  approved  by  a  majority  of  those 
voting  on  the  proposition.     (R.  S.  Sec.  3959.) 

Section  7593.  Notice  of  such  election  must  be  given  Noticeof 
by  publication  of  the  resolution  for  three  consecutive  weeks 
prior  thereto  in  some  newspaper  published  and  of  general 
circulation  in  the  district,  or  by  posting  copies  thereof  in 
five  of  the  most  conspicuous  places  in  the  district  for  a 
like  period,  if  no  such  paper  is  published  therein.  (R.  S. 
Sec.  3959.) 

EXTENSIONS. 

Section  7625.  When  the  board  of  education  of  any  May  issue 
school  district  determines  that  for  the  proper  accommoda-  ^o^^s. 
tion  of  the  schools  of  such  district  it  is  necessary  to  purchase 
a  site  or  sites  to  erect  a  schoolhouse  or  houses,  to  complete 
a  partially  built  school  house,  to  enlarge,  repair  or  furnish 
a  schoolhouse,  or  to  purchase  real  estate  for  playground 
for  children,  or  to  do  any  or  all  of  such  things,  that  the 
funds  at  its  disposal  or  that  can  be  raised  under  the  provi- 
sions of  section  seventy-six  hundred  and  twenty-nine  and 
seventy-six  hundred  and  thirty,  are  not  sufficient  to  ac- 
complish the  purpose  and  that  a  bond  issue  is  necessary, 
the  board  shall  make  an  estimate  of  the  probable  amount 
of  money  required  for  such  purpose  or  purposes  and  at  a 
general  election  or  special  election  called  for  that  purpose, 
submit  to  the  electors  of  the  district  the  question  of  the 
issuing  of  bonds  for  the  amount  so  estimated.  Notices  of 
the  election  required  herein  shall  be  given  in  the  maimer 
provided  by  law  for  school  elections.     (102  v.  419.) 

Section  7626.     If  a  majority  of  the  electors,  voting  if  question  ap- 
on  the  proposition  to  issue  bonds,  vote  in  favor  thereof,  the  marissur^^ 
board  thereby  shall  be  authorized  to  issue  bonds  for  the  such  bonds, 
amount  indicated  by  the  vote.    The  issue  and  sale  thereof 
shall  be  provided  for  by  a  resolution  fixing  the  amount  of 
each  bond,  the  length  of  time  they  shall  run,  the  rate  of 


260 


SCHOOL  ELECTIONS. 


EXTENSIONS. 


interest  they  shall  bear,  and  the  time  of  sale,  which  may 
be  by  competitive  bidding  at  the  discretion  of  the  board. 
(R.  S.  Sec.  3992.) 

UNIONIZATION. 


Union  of  dis- 
tricts for  high 
school  purposes. 


Section  7669.  The  boards  of  education  of  two  or 
more  adjoining  rural  school  districts,  or  of  a  rural  and  vil- 
lage school  district  by  a  majority  vote  of  the  full  member- 
ship of  each  board,  may  unite  such  districts  for  high  school 
purposes.  Each  board  also  may  submit  the  question  of 
levying  a  tax  on  the  property  in  their  respective  districts, 
for  the  purpose  of  purchasing  a  site  and  erecting  a  build- 
ing, and  issue  bonds,  as  is  provided  by  law  in  case  of  erect- 
ing or  repairing  school  houses;  but  such  question  of  tax 
levy  must  carry  in  each  district  before  it  shall  become 
operative  in  either.  If  such  boards  have  sufficient  money 
in  the  treasury  to  purchase  a  site  and  erect  such  building, 
or  if  there  is  a  suitable  building  in  either  district  owned  by 
the  board  of  education  that  can  be  used  for  a  high  school 
building  it  will  not  be  necessary  to  submit  the  proposition 
to  vote,  and  the  boards  may  appropriate  money  from  their 
funds  for  this  purpose.     (104  v.  229.) 


Governor  may 
order  military 
census  of  Ohio. 


Blanks   for 
census. 


Deputy  sftate 
supervisor   of 
elections  shall 
have  charge  of 
taking  census. 


Where  and 
hours  when 
census   taken. 


MILITARY  CENSUS. 

Section  1.  That  whenever  in  the  judgment  of  the 
governor  of  the  state  of  Ohio  military  census  of  the  state 
should  be  taken,  he  shall  order  and  direct  the  adjutant  gen- 
eral to  proceed  and  take  said  census. 

Section  2.  Upon  receipt  of  said  order  from  the  gov- 
ernor, the  adjutant  general  shall  prepare  blanks  to  be  filled 
in  by  every  male  citizen  of  the  state  between  the  ages  of 
eighteen  and  forty-five  years,  giving  his  name,  age,  address, 
occupation  and  whether  or  not  he  has  any  person  or  persons 
dependent  upon  him  for  support. 

Section  3.  The  governor  in  his  order  to  the  adjutant 
general  shall  name  a  day  upon  which  such  census  shall  be 
taken.  The  deputy  state  supervisors  of  elections  or  the 
deputy  state  supervisors  and  inspectors  of  elections  of  each 
county,  as  the  case  may  be,  shall  have  charge  of  the  taking 
of  said  census  in  their  respective  counties.  The  clerks  of 
elections  in  the  various  precincts  of  the  state  shall  have 
charge  of  the  taking  of  the  census  on  the  day  fixed  therefor 
by  the  governor.  In  case  of  vacancy  or  inability  to  serve, 
the  deputy  state  supervisors  or  supervisors  and  inspectors 
of  elections  shall  fill  said  vacancy  and  shall,  at  least  five 
days  before  the  day  fixed,  notify  the  clerks  in  writing  of  the 
day  fixed  for  the  taking  of  said  census  and  of  the  duties  to 
be  performed  by  the  said  clerks.  Said  census  shall  be  taken 
at  the  usual  voting  places  in  each  precinct  between  the  hours 
of  5 :30  a.  m.  and  5 :30  p.  m.,  central  standard  time,  on  the 


MILITARY  CENSUS. 


261 


day  fixed  by  the  governor  in  his  order  to  the  adjutant  gen- 
eral, and  should  it  be  impossible  to  take  said  census  at  the 
usual  voting  place  in  any  precinct,  the  deputy  state  super- 
visors or  supervisors  and  inspectors  of  elections  shall  desig- 
nate a  place  in  said  precinct  or  precincts. 

Section  4.  The  blanks  prepared  by  the  adjutant  gen- 
eral as  provided  in  section  2  hereof  shall  be  sent  by  him,  not 
less  than  ten  days  before  the  day  fixed  for  the  taking  of 
said  census,  to  the  various  deputy  state  supervisors  or  super- 
visors and  inspectors  of  elections,  as  the  case  may  be,  in 
sufficient  quantities  for  taking  said  census  in  each  county. 
Said  blanks  so  received  shall  be  sent  by  said  supervisors  or 
supervisors  and  inspectors  by  registered  mail  to  one  of  the 
clerks  in  each  voting  precinct  in  the  county  not  less  than 
five  days  before  the  day  fixed  by  the  governor  for  taking 
said  census. 

Section  5.  The  sheriff  of  each  county  shall  cause  to 
be  published  a  notice  of  the  time  and  places  of  taking  said 
census,  in  two  newspapers  of  opposite  politics  and  of  gen- 
eral circulation  in  the  county,  not  less  than  ten  days  before 
said  census  is  to  be  taken.  And  on  the  day  fixed  for  taking 
said  census  the  clerks  of  elections  shall  arrange  that  their 
respective  voting  places  are  open  from  5:30  a.  m.  to  5:30 
p.  m.,  central  standard  time.  Said  clerks  shall  be  present 
(luring  said  time  to  take  charge  of  the  taking  of  said  census, 
and  immediately  upon  finishing  said  census  shall  send  the 
same  by  registered  mail  to  the  deputy  state  supervisors  or 
supervisors  and  inspectors  of  elections,  as  the  case  may  be, 
who  shall  in  turn,  within  five  days  after  the  day  of  taking 
the  census,  send  tlie  same  by  registered  mail  to  the  adjutant 
general  at  Columbus,  Ohio.  No  person  herein  ^hall  receive 
any  additional  compensation  for  services  rendered  under 
and  by  virtue  of  the  provisions  of  this  act,  save  and  except- 
ing the  clerks  of  elections,  who  shall  each  receive  the  same 
compensation  as  is  received  for  services  in  regular  elections, 
and  the  newspapers  publishing  the  notice  of  taking  said 
census,  which  shall  receive  the  legal  rate  for  publishing 
said  notice.  The  compensation  to  the  clerks  and  the  cost  of 
advertising  shall  be  paid  in  the  same  manner  as  election  ex- 
penses are  paid. 

Section  6.  Upon  publication  of  said  notice,  it  shall  be 
tlie  duty  of  every  male  citizen  between  the  ages  of  eighteen 
and  forty-five  years  to  report  to  the  deputy  or  deputies  in 
his  voting  precinct  and  there  furnish  the  information  re- 
quired under  section  2  of  this  act. 

Section  7.  Failure  to  comply  with  the  provisions  of 
this  act, shall  constitute  a  misdemeanor  and  ])e  punishable 
])y  fine  of  not  less  than  $25.00  or  more  than  $100.00;  but 
any  male  citizen  whose  failure  to  comply  was  by  reason  of 
sickness  or  absence  from  his  usual  place  of  residence,  shall 
upon  due  proof  of  same  and  filing  of  the  required  informa- 
tion with  the  clerk  of  the  courts,  be  excused  from  the  pen- 
alty provided  above. 


Preparation 
and  distribution 
of   blanks. 


Notice   of    tlmi 
and  place  of 
taking  census. 


Returns    of   the 
census  by  clerks 
and  deputy  state 
supervisors ; 
compensation 
of  clerks. 


Who  shall  report 
and  furnish  in- 
formation. 


Penalty  for  fail- 
ure to  comply 
with   law. 


OFFENSES  RELATING  TO  ELECTIONS, 


THE   CORRUPT   PRACTICES   ACT. 

Section 

5175-1.        Committee  or  organization  defined. 

5175-2.        SUtement  of  expenditure. 

5175-3.        Statement  shall  contain,  what. 

5175-4.  Statement  of  persons  other  than  can- 
didate. 

5175-5.  Statement  and  accounts  slfned  and 
Terifled. 

5175-6.  Where  statements  lied;  copies  as 
evidence;  report  to  attorney  gen- 
eral of  candidates  required  to  file 
statements. 

5175-7.        Steretary  of  state  shall  prepare  form. 

5175-8.  Certilcate  of  election  shall  not  Issue 
until  statement  filed. 

5175-9.        Treasurer  and  duties. 

5175-10.      Records  and  accounts. 

5175-11.      Receipted  bills  and  Touchers. 

5175-12.  Pajmtnt  in  name  of  another  not  al- 
lowed. 

5175-13.      Punishment  for  violations. 

5175-14.  Petition  and  allegations  for  investi- 
gation. 

5175-15.      Where  petition  filed. 

5176-16.      Bond. 

5175-17.      Order  of  court  and  service  of  same. 

5175-18.      Hearing. 

5175-19.       Parties. 

5175-20.      Decision. 

5175-21.      Contempt. 

5175-22.      Effect  of  failure  to  file  statement. 

5175-23.      Limitation. 

5175-24.      Precedence   of  proceeding. 

5175-25.      Appeals. 

5175-26.      Defining  corrupt   practices. 

5175-27.      Defining  corrupt  practices. 

5175-28.      Defining  corrupt   practices. 

5175-29.  Amount  of  expenditure  allowed  can- 
didates. 

5175-29a.  Amount  of  expenditure  or  contribu- 
tion l)y  person  other  than  a  can- 
didate. 

5175-29b.  Expenditure  allowed  upon  submission 
of  a  proposition. 

5175-29C.  A  copy  of  proposed  law  or  amend- 
ment to  be  filed  with  secretary  of 
state. 

5175-29d.  Designation  of  size  of  paper  and  type 
and  arrangement  of  petition. 

5175-29e.  Submission  of  proposed  law  or 
amendment  to  legislative  refer- 
ence department. 

5175-29f.    Words  which  shall  be  printed  in  red 

5175-29g.     Statement  to   be  made  by  solicitor. 

5175-29h.  Part  petition  should  not  contain 
names  from  more  than  one 
county;  transmittal  of  to  deputy 
state  supervisors. 

5175-291.  Petitions  open  to  public  inspection; 
comparison  of  signature ;  filing 
additional    signatures;     return     to 

c,^.r  ««,       ^secretary  of  state. 

5175-29k.  Designation  of  committee  to  repre- 
''®"*  petitioners. 

5175-29m.    Sworn  statement  of  circulator   filed 

ci^c  on       „^^*^  secretary  of  state. 

5l75-29n.    What    constitutes    corrupt    practices 

rirr  on       t.''®^^*!^®  ^^  ^-  »"<!  «•  Petitions. 
5175-290.     Penalties  for  violations  of  act  safe- 

5n5-29p.  ^n"SLV: ""'  "■ '''""°"'- 

5175-29q.    Excerpts  of  law  and  forms  furnished 
rt-rr  o«  ""^  Secretary  of  state. 

5175-29r.  Petitions  to  which  certain  sections 
apply. 


Section 

13323-1. 

13323-2. 

13323-3. 


13250. 

13251. 
13252. 
13253. 

13254. 

13255. 

13256. 
13257. 

13258. 


13259. 
13260. 
13261. 
13262. 
13263. 


13264. 
13265. 
13266. 

13267. 
13268. 

13269. 
13270. 

13271. 

13272. 

13273. 

13274. 

13275. 

13276. 

13277. 
13278. 

13279. 
13280. 
13281. 
13282. 

13283. 


13284. 
13285. 


13287. 


Penalty. 

Incrimination  no  excuse  from  testi- 
fying. 
Limitation  of  action. 

ILLEGAL  VOTING. 

Voting  more  than  once  at  same 
election. 

Voting  without  one   year's  residence. 

Voting,  a  resident  of  another  state. 

Voting,  not  a  resident  of  the  county 
thirty  days. 

Voting,  not  a  resident  of  the  pre- 
cinct twenty  days. 

Voting,  not  being  twenty- one  years 
of  age. 

Voting,  not  being  a  citizen. 

Voting,  being  under  conviction  for 
crime. 

Voting   by   impersonating    another. 

PROCURING  ILLEGAL  VOTE. 

Non-resident  of  state. 
Non-resident  of  county. 
Not  of  lN:al  age. 
Not  a  United  States  citizen. 
Other  disabilities. 

BALLOTS. 

Putting  a  fraudulent  ballot  in  box. 

Voting  ballot  other  than  ofHclal. 

Fraudulently  changing  a  ballot  of  an 
elector. 

Illegal  marking  of  ballot. 

Inducing  an  elector  to  show  how  he 
marked  his  ballot. 

Elector  permitting  ballot  to  be  seen. 

Interfering  with  an  elector  when 
marking  his  ballot. 

Elector  marking  ballot  so  as  to  be 
identified. 

Elector  making  false  statement  as  to 
Inability  to  mark  ballot. 

Having  In  possession  a  ballot  Il- 
legally obtained. 

Election  officer  deceiving  an  elector 
in  marking  his  ballot. 

Forging  official  endorsement  on  bal- 
lot 

Tearing  down,  etc.,  specimen  ballot, 
etc. 

Destroying  lawful  ballot. 

Removing  ballot  outside  of  enclo- 
sure. 

Delaying    delivery    of   ballot. 

Distributing  an  unlawful  ballot. 

Printing  an  unlawful  ballot. 

Further  offenses  pertaining  to  print- 
ing of  ballots. 

Offenses  pertaining  to  custody  or  de- 
livery of  ballots,  blanks,  poll- 
books,  cards  of  instruction,  etc, 

JUDGES  AND  CLERKS. 

Judges  of  election  knowingly  count- 
ing fraudulent  votes. 

Judges  postponing  counting,  adjourn- 
ing or  removing  ballot  box. 

Judge  permitting  ballots  In  box  at 
opening  of  polls. 

Judge  refusing  to  take  oath. 

Judge  refusing  to  administer  oath. 


(262) 


OFFENSES  RELATING  TO  ELECTIONS. 


263 


Section 

13289.  Judge  refuslnf  lawful  ballot. 

13290.  Judge  refusing  candidate  or  friend's 

admission  to  polls. 

13291.  Judge  of  election  receiving  unlawful 

vote. 

13292.  Judge  neglecting  to  forward  notice. 

13293.  Judge    or    clerk    distributing    ballots 

Inside  polling  rooms. 

13294.  Judge  or  clerk  misleading  voter. 

13295.  Judge  or  clerk  disclosing  how  elector 

voted. 

13296.  Judge     or     clerk     neglecting     official 

duty. 

REGISTRATION. 

13297.  Fraudulent  registration. 

13298.  Inducing  same. 

13299.  Obtaining  registration  by  personating 

another. 

13300.  Hindering  registration. 

13301.  Procuring  unlawful  erasure  In  regis- 

tration lists. 

13302.  Officers  permitting  false  registration. 

13303.  Inducing   false   registration. 

13304.  Officer  refusing  registration. 

13305.  Inducing  same. 

13306.  Inducing  registrar  to  violate  law. 

13307.  Acting    as    registrar.    Judge    or    clerk 

withou  ctertlflcate  of  appointment. 

13308.  Failure    of   registrar.    Judge,    etc.,    to 

appear  before  election  board. 

13309.  Neglect  of  duty  by  registrar. 

13310.  Counterfeiting      registration      certifi- 

cates. 

13311.  Perjury  before  registrar. 

BRIBERY  AND  CORRUPTION. 

13312.  Giving  bribe. 

13313.  Same. 

13314.  Receiving  bribe. 

13315.  Offender  compelled  to  testify. 

13316.  Bribery   by   candidate   at  nomination 

convention. 

13317.  Receiving  bribe  at  primary  election. 
18318.         Giving  bribe  at  same. 

13319.  Bribery  at  nomination. 

13320.  Money  for  political  purposes  by  cor- 

porations. 

13321.  Aid   or   advice   of   such   use. 

13322.  Annual   report   of  corporation   there- 

on. 

13323.  Witnesses   under   next   three   preced- 

ing  sections. 

PRIMARY    ELECTION. 

13324.  Penalties   applying   to   primary   elec- 

tions. 

13325.  Voting,  not  a  qualified  elector. 


Section 

13326.  Voting,    after   objections   made. 

13327.  Voting,   after   a   change   In   party. 

13328.  Voting,    at    certain    polling    place. 

13329.  Voting,  when  not  a  citizen. 

13330.  Voting,    more    than    once. 

13331.  Voting,  not  a  resident. 

13332.  Voting  under  false  name,  etc. 

13333.  Impersonating  another. 

13334.  Falsely    signing    certain    papers. 

13335.  Voting  with   wrong  political  party. 

13336.  Intimidating   elector. 

13337.  Omission  of  duty  by  Judge  or  super- 

visor. 

13338.  Official  refusing  to  perform  duty. 

13339.  Refusing  to   testify. 

13340.  Witness  testifying  exempt. 


MISCELLANEOUS. 


12842.  Penalty  for  false  affidavit  verifying 
petitions. 

12949.  Penalty  for  Interfering  with  privil- 
eges of  an  elector  on  election  day. 

13341.  Deceiving  elector  who  cannot  read. 

13342.  Attempting    to    speak    to    a    person 

within  the  guard  rail. 

13343.  Hindering   another   from    voting. 
13343-1.    Printing    or    posting    anonymous    at- 
tacks  on   candidate. 

13344.  Loitering,    etc.,    hear   polls. 

13345.  Removing  or  destroying  election  sup- 

plies. 

13346.  Destroying  cerilflcate  of  election  re- 

sult. 

13347.  Publishing    false   statement   of   elec- 

tion results. 

13348.  Damage   to   or   destruction   of   regis- 

ters. 

13349.  Destroying  ceriltcate  of  nomination. 

etc. 

13350.  Fraudulent   writing   on   poll-books   or 

Ully  skeeto. 

13351.  Destroying    ballot    box.    ballots    or 

poll  books. 

13352.  Unlawfully    obtaining    or    attempting 

to  obtain  ballot  box  or  ballots. 

13353.  Possession  of  forged  or  altered  poll- 

books,  etc. 

13354.  Judges  may  order  persons  at  precinct 

to  disperse. 

13355.  Violation   or  neglect   In   performance 

of  duty  by  deputy  supervisors   or 
their   clerk. 

13356.  Same  by  public  officer. 

13357.  Failure  of  sheriff,  etc.,  to  obey  order 

of  Judges  at  election. 

13359.  Acting  or  voting  in  place  of  delegate 

or  committeeman. 

13360.  When  prosecution  must  begin. 


THE  CORRUPT  PRACTICES  ACT. 


Section  5175-1.  The  term  '  *  committee  "  or  ' '  organiza- 
tion" as  hereinafter  used,  shall  include  every  committee  or 
combination  of  two  or  more  persons  co-operating  to  aid  or 
promote  the  success  or  defeat  of  a  political  party  or  prin- 
ciple, or  of  any  proposition  submitted  to  vote  at  any  elec- 
tion, or  to  aid  or  take  part  in  the  election  or  defeat  of  any 
candidate  for  public  office;  or  to  aid  or  take  part  in  the 
election  or  defeat  of  any  candidate  for  nomination  at  a 
primary  election  or  convention,  including  all  proceedings 
prior  to  such  primary  election,  or  of  any  candidate  for  any 
office,  whether  public  or  not,  to  be  voted  for  at  a  primary 
election;  under  the  primary  election  law;  or  any  other 
organization  or  society  soliciting  or  receiving  money,  as- 


"Commlttee" 
or    "organiza- 
tion"  defined. 


264 


OFFENSES  RELATING  TO  ELECTIONS. 


THE  CORRUPT  PRACTICES   ACT. 


Statement  of 
expenditures. 


Statement  sball 
contain,  what. 


Statement  of 
person  other 
than  candidate. 


sessments  or  other  things  of  value,  or  in  any  way  advocat- 
ing or  promoting  the  success  or  defeat  of  any  candidate  for 
office,  or  of  any  principal  measure  or  proposition  to  be  voted 
for  at  any  election  held  in  this  state;  but  nothing  herein 
contained  shall  apply  to  or  in  respect  of  any  committee  or 
organization  for  the  discussion  or  advancement  of  political 
or  economic  questions.     (103  v.  578.) 

Section  5175-2.  Every  candidate  who  is  voted  for  at 
any  election  or  primary  election  held  within  this  state,  and 
every  person,  committee  or  association  or  persons  incor- 
porated or  unincorporated,  who  may  have  contributed, 
promised,  received  or  expended  directly  or  indirectly  any 
money  or  thing  of  value  in  connection  with  any  election 
held  in  this  state,  shall  within  ten  days  after  such  election 
file,  as  hereinafter  provided,  an  itemized  statement  showing 
in  detail  all  the  moneys  or  things  of  value,  so  contributed, 
promised,  received  or  expended,  and  all  liabilities  directly 
OP  indirectly  incurred  in  connection  with  such  elections ;  but 
individuals  other  than  candidates  making  only  contribu- 
tions, the  receipt  of  which  must  be  accounted  for  by  others, 
need  not  file  such  statement  under  this  section.  (103  v.  578.) 

Section  5175-3.  Such  statement  shall  contain  the  full 
name  and  address  of  the  candidate,  person,  committee  or 
association  making  the  same,  and  the  names  and  addresses 
of  each  candidate,  person,  or  committee  or  association  who 
contributed,  promised,  received  or  expended  any  money  or 
thing  of  value,  or  incurred  directly  or  indirectly  any  lia- 
bility, the  specific  nature  of  such  item,  the  purpose  for 
which,  the  place  where  and  the  date  when  it  was  con- 
tributed, promised,  received,  expended  or  incurred  and  shall 
specify  the  balance  in  the  hands  of  the  accounting  person, 
committee,  association  or  candidate,  and  the  disposition  to 
be  made  thereof.     (102  v.  321.) 

Section  5175-4.  Any  individual  other  than  a  candi- 
date who  has  expended  any  money  or  thing  of  value  for  or 
on  behalf  of  any  candidate,  committee  or  association  which 
may  have  interested  itself  in  the  election  or  defeat  of  a  can- 
didate, or  measure,  may,  instead  of  filing  a  statement  as 
provided  in  this  section,  and  if  the  money  or  thing  of  value 
was  received  from  a  candidate,  committee  or  association 
shall  ^  within  five  days  after  such  election  deliver  to  such 
candidate,  committee  or  association  an  account  stating  in 
detail  to  whom,  when,  where,  for  what  purpose  and  in  what 
sums  he  paid  out  such  money  or  thing  of  value,  and  such 
account  shall  be  attached  to  and  form  a  part  of  the  state- 
ment to  be  filed  by  the  candidate,  committee  or  association 
as  provided  in  this  act.  But  if  a  candidate,  committee  or 
association  cannot  obtain  such  account  from  the  person  to 
whom  he  or  they  advanced  any  money  or  thing  of  value 
within  the  time  in  which  such  statement  must  be  filed,  such 
candidate,  committee  or  association  shall  so  recite  in  his  or 


OFFENSES  RELATING  TO  ELECTIONS. 


265 


THE  CORRUPT  PRACTICES   ACT. 

tlieir  statement,  giving  the  names  and  addresses  of  the  per- 
sons to  whom  money  or  things  of  value  was  advanced  and 
who  failed  to  account  for  the  same,  and  the  reasons,  if  any, 
<^iven  for  such  failure.     (102  v.  321.)   • 

Section  5175-5.  All  statements  and  accounts  of  ex- 
penditure shall  be  signed  and  verified  by  the  candidate, 
[)resident  or  the  duly  appointed  treasurer  of  the  committee 
or  the  association  filing  the  same.  The  verification  must 
show  every  such  statement  or  account  to  be,  to  the  affiant's 
own  knowledge,  a  full  and  true  statement  or  account  of  all 
contributions  made  or  received  by  him,  or  by  the  committee 
or  association  of  which  he  is  a  member,  and  of  the  disposi- 
tion thereof  made  and  all  liabilities  incurred  by  him  or  such 
committee  or  association.     (103  v.  578.) 

Section  5175-6.  Statements  required  to  be  filed  by 
this  section  if  they  relate  to  the  election  of  candidates  for 
offices  to  be  filled  by,  or  propositions  submitted  to,  the  elec- 
tors of  the  entire  state,  or  any  division  or  district  thereof 
greater  than  a  county,  shall  be  filed  in  the  office  of  the  sec- 
retary of  state ;  in  all  other  elections  such  statements  shall 
be  filed  in  the  office  of  the  board  of  deputy  state  supervisors 
of  elections  for  the  county  in  which  such  election  is  held. 
All  such  statements  shall  be  open  to  public  inspection  and 
shall  be  retained  in  such  office  for  a  period  of  not  less  than 
four  years  and  no  fee  shall  be  charged  for  filing  the  same. 
Copies  of  such  statements,  certified  by  the  secretary  of  state 
or  the  clerk  of  the  board  of  deputy  state  supervisors  of  elec- 
tions with  whom  the  same  are  filed,  under  seal  (if  any)  of 
his  office,  shall  be  admitted  as  evidence  in  all  courts  with 
like  force  and  effect  as  the  original  would  have  if  produced. 
And  said  boards  of  deputy  state  supervisors  of  elections 
w  hen  such  statements  are  herein  required  to  be  filed  with 
Ihein  and  the  secretary  of  state  when  said  statements  are 
herein  required  to  be  filed  with  him  shall  file  in  the  office 
()['  the  attorney  general  not  less  than  twenty  days  nor  more 
than  twenty-five  days  after  any  such  election  a  report  show- 
ing in  detail  the  names  of  all  candidates  voted  for  at  any 
such  election  or  other  persons  required  by  law  to  file  state- 
ments, who  have  filed  their  statements  as  herein  provided, 
and  the  names  of  all  candidates  voted  for  at  any  such  elec- 
tion or  any  other  persons  who  are  in  default  thereof.  And 
the  attorney  general  shall  forthwith  certify  to  the  prose- 
cuting attorney  in  the  county  where  such  persons  are  in  de- 
fault for  statements  the  names  of  all  candidates  or  other 
persons  who  are  so  in  default  with  instructions  to  proceed 
against  the  delinquents.     (103  v.  579.) 

Section  5175-7.  The  secretary  of  state  shall  prepare  a 
form  of  statement  required  by  this  act  and  at  the  expense  of 
the  state  shall  furnish  to  the  board  of  deputy  state  super- 
visors of  elections  for  each  county,  and,  upon  application,  to 
any  candidate,  committee  or  other  persons  or  organizations 
required  to  file  such  statement  under  this  act.    (102  v.  321.) 


statements  and 
accounts  signed 
and   verified. 


Where   state- 
ments filed. 


Copies    as 
evidence. 


Report   to    at- 
torney general 
of    candidates 
required    to   tile 
statements. 


Secretary    of 
state  shall 
prepare  form. 


266 


OFFENSES  RELATING  TO  ELECTIONS. 


Certificate   of 
election  shall 
not  issue  until 
statement    is 
filed. 


Treasurer 
duties  of 


Records  and 
accounts. 


THE  CORRUPT  PRACTICES   ACT. 

Section  5175-8.  No  board,  office  or  officer  authorized 
by  law  to  issue  commissions  or  certificates  of  election  shall 
issue  a  commission  or  certificate  of  election  to  any  person 
required  by  this  ^t  to  file  a  statement  or  statements  until 
such  statement  or  statements  have  been  so  made,  verified 
and  filed  by  such  persons  as  provided  by  this  act.  No  per- 
son, required  by  this  act  to  file  a  statement  or  statements 
shall  enter  upon  the  duties  of  any  office  to  which  he  may  be 
elected  until  he  has  filed  all  statements  provided  by  this  act, 
nor  shall  he  receive  any  salary  or  emolument  prior  to  the 
filing  of  the  same.     (102  v.  321.) 

Section  5175-9.  Every  committee,  association  or  or- 
ganization subject  to  the  provisions  of  this  act,  shall  appoint 
and  constantly  maintain  a  treasurer,  who  shall  be  a  resident 
of  this  state,  to  receive,  keep  and  disburse  all  sums  of  money 
which  may  be  collected  or  received  or  disbursed  by  such 
committee,  association  or  organization,  or  by  any  of  its 
members,  for  any  of  the  purposes  mentioned  in  this  act; 
and  unless  such  treasurer  is  first  appointed  and  thereafter 
maintained,  it  shall  be  unlawful  and  a  violation  of  this  act 
for  a  political  committee  or  any  of  its  members  to  collect, 
receive  or  disburse  money  for  any  such  purpose.  All  money 
collected  or  received  or  disbursed' by  any  political  commit- 
tee or  by  any  member  or  members  thereof,  for  any  of 
the  purposes  mentioned  in  this  act,  shall  be  paid  over  and 
made  to  pass  through  the  hands  of  the  treasurer  of  such 
committee,  and  shall  be  disbursed  by  him;  and  it  shall  be 
unlawful  and  a  violation  of  this  act  for  any  committee, 
association  or  organization  or  for  any  member  or  member 
thereof  to  disburse  or  expend  money  for  any  of  the  objects 
or  purposes  mentioned  in  this  act  until  the  money  so  dis- 
bursed or  expended  shall  have  passed  through  the  hands  of 
the  treasurer  of  such  committee,  association  or  organization. 
(102  V.  321.) 

Section  5175-10.  Every  treasurer  of  any  committee, 
association  or  organization,  and  every  person  who  shall  at 
any  time  act  as  such  treasurer,  shall,  whenever  he  receives 
or  disburses  money  as  such  treasurer,  or  for  or  on  account 
of  any  of  the  objects  or  purposes  mentioned  in  this  act,  im- 
mediately enter  and  thereafter  keep,  in  a  proper  book  or 
books  to  be  provided  and  preserved  by  him,  a  full,  true  and 
detailed  statement  and  account  of  each  and  every  sum  of 
money  so  received  or  disbursed  by  him,  setting  forth  in 
such  statement  each  sum  so  received  or  disbursed,  the  ob- 
ject and  purpose  for  which  it  was  received  or  disbursed, 
and  the  person  from  whom  it  was  received  or  to  whom  it 
was  disbursed,  as  the  case  may  be.  Every  individual  re- 
receiving  or  disbursing  money  aggregating  more  than 
twenty  dollars,  for  or  on  account  of  any  of  the  objects  and 
purposes  mentioned  in  this  act;  unless  he  receives  it  from  or 
pays  it  to  the  treasurer  of  any  committee,  association  ojp 
organization,  shall  in  like  manner  keep  in  a  book  a  detailed 


OFFENSES  RELATING  TO  ELECTIONS. 


267 


THE  CORRUPT  PRACTICES   ACT. 

written  account  of  his  receipts  and  disbursements.  Every 
treasurer  and  other  person  required  to  keep  books  of  ac- 
count under  this  act  must  preserve  the  same  for  a  period  of 
not  less  than  two  years  after  each  election,  transactions  con- 
cerning which  are  recorded  therein.     (102  v.  321.) 

Section  5175-11.  Every  payment  required  to  be  ac- 
counted for  shall,  unless  the  total  expense  payable  to  any 
one  person  be  not  in  excess  of  ten  dollars,  be  vouched  for  by 
a  receipted  bill  stating  the  particulars  of  expense,  and  every 
voucher,  receipt  or  account  hereby  required  shall  be  filed 
with  such  statement.     (103  v.  579.) 

Section  5175-12.  No  person  shall,  directly  or  indi- 
rectly, himself  or  through  another  person,  make  a  payment 
or  promise  of  payment  to  any  committee,  association  or  or- 
ganization, or  to  any  person  acting  under  its  authority  or  in 
its  behalf,  in  any  name  except  its  own,  nor  shall  such  com- 
mittee or  person  knowingly  receive  a  payment  or  promise  of 
payment,  or  enter  or  cause  the  same  to  be  entered  in  the 
accounts  or  records  of  such  committee,  in  any  other  name 
than  that  of  the  person  by  whom  it  is  made.     (102  v.  321.) 

Section  5175-13.  Any  person  or  persons  who  shall 
violate  any  of  the  provisions  of  this  act  shall  be  held  to 
be  guilty  of  a  corrupt  practice  and  shall  be  punished  as 
hereinafter  provided.     (102  v.  321.) 

Section  5175-14.  Upon  presentation  to  the  court  of 
common  pleas,  or  to  a  judge  thereof,  or  to  the  probate 
judge,  or  to  any  judge  of  a  court  of  insolvency,  or  a  superior 
court  of  any  city  or  county  within  this  state,  of  a  verified 
petition,  alleging  that  some  person  or  persons  within  such 
county  have  become  subject  to  the  requirements  of  this  act 
in  regard  to  filing  statements  or  accounts  of  election  ex- 
penses, and  have  failed  to  do  so,  or  have  filed  false  or  in- 
complete statements  or  accounts,  and  upon  the  giving  of 
security,  as  hereinafter  provided,  the  said  court  or  judge 
to  whom  such  petition  is  presented,  shall  proceed  to  a  sum- 
mary investigation  of  the  charges  made  in  the  petition  as 
hereinafter  set  forth.  Such  petition  need  not  be  in  any 
particular  form,  and  it  may  allege  such  failure  or  incom- 
pleteness upon  information  and  belief,  without  stating  the 
source  of  such  information  and  belief.  But  it  shall  name 
the  person  or  persons  from  whom  a  statement  or  an  amended 
statement  is  required,  shall  specify  in  detail  some  grounds 
of  objections  to  the  statement,  or  shall  state  some  facts  on 
which  the  demand  for  a  statement  is  based,  and  of  the  in- 
formation desired,  and  may  make  such  further  allegations 
as  will  tend  to  call  the  attention  of  the  court  and  the  per- 
son proceeded  against  to  the  particular  question  involved. 
(102  v.  321.) 

Section  5175-15.  The  petition  provided  for  in  the 
foregoing  section  may  be  filed  by  the  attorney  general  of  the 
state,  the  prosecuting  attorney  of  the  county,  a  candidate 
voted  for  at  the  election,  in  respect  to  which  the  allega- 


Recelpted    bill 
and   Touchers. 


Payment 
name  of 
other  not 
allowed. 


In 
an- 


Fenalty. 


Petition    and 
allegations  for 
inyestigatlon. 


Where  peti- 
tion   filed. 


268  OFFENSES  RELATING  TO  ELECTIONS. 

THE  CORRUPT  PRACTICES   ACT. 

tions  in  such  petition  may  relate,  or  by  any  five  resident 
and  qualified  voters,  who  voted  at  such  election.  (102  v. 
321.) 

Bond.  Section  5175-16.     At  the  time  of  presenting  such  peti- 

tion, the  petitioner  or  petitioners  shall  file  with  the  clerk  of 
such  court,  an  undertaking  in  the  sum  of  two  hundred  and 
fifty  dollars  with  sureties  to  be  approved  by  the  court  or 
judge  thereof,  or  the  clerk,  conditioned  to  pay  such  costs  in 
such  proceeding  as  may  be  adjudged  against  such  petitioner 
or  petitioners ;  but  nothing  in  this  section  contained  shall  re- 
quire such  undertaking  to  be  filed  by  the  attorney  general 
or  the  prosecuting  attorney  of  any  county.     (102  v.  321.) 

Order.  SECTION  5175-17.     Upon  presentation  of  such  petition 

and  the  giving  of  the  security  provided  for  in  the  foregoing 
section,  the  court  or  judge  shall  forthwith  issue  an  order, 
which  shall  be  served  personally  upon  the  person  or  per- 
sons named  in  such  petition  or  left  at  his  or  their  last 
known  place  of  residence  not  less  than  seventy-two  hours 
prior  to  the  return  day  thereof,  and  directing  him  or  them 
to  appear  and  show  cause  at  a  certain  day  within  ten  days 
after  the  service  of  the  order,  why  such  person  or  persons 
should  not  file  a  statement  of  election  expenses,  or  amend 
the  statement  already  filed,  and  to  furnish  the  court  or 
judge,  such  further  information  as  the  court  may  require 
on  the  subject.  Copies  of  such  order  shall  be  mailed  to  the 
attorney  general  of  the  state  and  the  prosecuting  attorney 
of  the  county  wherein  such  statement  is  required  to  be  filed, 
except  in  cases  where  the  attorney  general  of  the  state  or 
prosecuting  attorney  of  the  county  institutes  the  proceed- 
ing.    (102  V.  321.) 

^®*'^-  Section  5175-18.     Upon  the  return  day  mentioned  in 

the  order  issued  as  provided  in  the  foregoing  section,  the 
court  or  judge  shall  forthwith  proceed  to  hear  the  evidence 
and  testimony  to  sustain  the  demand  or  charges  contained 
in  such  petition,  together  with  such  other  demands  or 
charges  as  shall  be  made  during  the  course  of  the  inquiry, 
and  shall  be  relevant  to  the  subject,  and  the  evidence  in 
answer  thereto.     (102  v.  321.) 

Parties.  Secton  5175-19.     The  hearings  upon  such  investiga- 

tions shall,  if  practicable,  be  continued  from  day  to  day  un- 
til the  final  determination  of  such  inquiry.  Subpoenas  to 
witnesses  to  attend  the  hearings  shall  be  issued  and  the  at- 
tendance of  such  witnesses  enforced  and  evidence  offered  by 
depositions,  as  in  civil  actions.  The  petitioner  or  any  party 
may  appear  in  person  or  by  attorney,  and  any  voter  may 
become  a  party  by  filing  the  bond  above  mentioned.  If, 
upon  such  hearing,  it  shall  appear  that  a  person  or  persons 
other  than  those  originally  proceeded  against,  have  failed 
to  file  statements  or  accounts  of  election  expenses,  or  have 
filed  false  or  incomplete  statements  or  accounts,  such  per- 
son or  persons  shall  be  made  parties  to  the  proceedings  and 


OFFENSES  RELATING  TO  ELECTIONS. 


269 


Contempt. 


THE  CORRUPT  PRACTICES   ACT. 

ordered  to  attend  and  answer  as  if  they  were  originally 
made  parties.    (102  v.  321.) 

Section  5175-20.  Within  ten  days  after  the  close  of  Decision, 
the  hearings  upon  such  inquiry  the  court  or  judge  shall  ren- 
der its  or  his  decision  thereon  in  writing,  wherein  shall  be 
set  forth  whether  the  person  or  persons  against  whom  the 
petition  is  brought  is  subject  to  the  requirements  of  filing  a 
statement  or  account  of  election  expenses  and  has  failed  to 
file,  or  has  filed  a  fasle  or  incomplete  statement,  and  whether 
such  failure  to  file,  or  the  filing  of  such  false  or  incomplete 
statement  is  due  to  wilful  intent  to  defeat  the  requirements 
of  this  act.     (102  V.  321.) 

Section  5175-21.  If  such  person  or  persons  have 
failed  to  file  such  statement  or  account,  or  have  filed  a  false 
or  incomplete  statement  or  account,  the  court  or  judge  shall 
render  judgment  requiring  the  person  or  person*,  proceeded 
against  to  file  the  required  statement  or  amendment  within 
ten  (10)  days  after  the  entry  of  the  judgment,  and  to  pay 
the  costs  of  the  proceeding;  and  a  failure  or  a  refusal  to 
comply  with  the  order  of  the  court  in  this  respect  shall  be 
deemed  a  contempt  of  court.  If  such  person  or  persons 
have  failed  to  file  a  statement  or  have  filed  a  false  or  incom- 
plete statement,  and  such  failure  to  file,  or  such  false  or 
incomplete  statement,  was  due,  in  the  opinion  of  such  court 
or  judge,  to  a  wilful  intent  to  defeat  the  provisions  of  this 
act,  the  court  or  judge  shall  forthwith  transmit  a  copy  of 
its  or  his  decision  and  of  the  evidence  to  the  prosecuting 
attorney  of  the  county  wherein  such  statement  should  be 
filed,  and  to  the  attorney  general  when  such  statement 
should  be  filed  with  the  secretary  of  state,  with  directions  to 
such  prosecuting  attorney  to  present  the  same  to  the  next 
grand  jury  in  the  county.     (102  v.  321.) 

Section  5175-22.  Failure  to  file  a  statement  or  filing 
a  materially  false  or  incomplete  statement,  shall  be  prima 
facie  evidence  of  wilful  intent  to  defeat  the  statute.  (102 
V.  321.) 

Section  5175-23.  The  petition  hereinbefore  mentioned 
shall  be  filed  within  ninety  days  after  such  election.  (103 
V.  579.) 

Section  5175-24.  The  proceedings  upon,  and  the  in- 
vestigation of,  the  charges  set  forth  in  said  petition,  shall 
take  precedence  and  be  preferred  over  all  other  actions  or 
proceedings  then  pending  in  said  court,  or  before  said 
judge;  and,  in  case  of  appeals,  in  the  circuit  court  or  su- 
preme court.    (102  v.  321.) 

Section  5175-25.     Appeals  may  be  taken  to  the  circuit   Appeals 
court  from  the  orders  herein  provided  for  in  the  same  man- 
ner as  in  civil  action  under  section  12224  of  the  General 
Code.    (102  V.  321.) 

Section  5175-26.  Any  person  is  guilty  of  a  corrupt 
practice  if  he,  directly  or  indirectly,  by  himself  or  through 
any  other  person,  in  connection  with,  or  in  respect  of  any 


wilful   intent. 


Limitation. 


Precedence 
proceeding. 


of 


Defining  cor- 
rupt   practices. 


270  OFFENSES  RELATING  TO  ELECTIONS, 

THE  CORRUPT  PRACTICES   ACT. 

election,  pays,  lends  or  contributes,  or  offers  or  promises  to 
pay,  lend  or  contribute  any  money  or  other  valuable  con- 
sideration, for  any  other  purpose  than  the  following  mat- 
ters and  services  at  their  reasonable,  bona  fide  and  cus- 
tomary value : 

Rents  of  halls  and  compensation  of  speakers,  music  and 

fireworks  for  public  meetings,  and  expenses  of  advertising 

the  same,  together  with  the  usual  expense  incident  thereto. 

The  preparation,  printing  and  publication  of  posters, 

lithographs,  banners,  notices  and  literary  material,  reading 

matter,  cards  and  pamphlets,  the  compensation  of  agents 

to  supervise  and  prepare  articles  and  advertisements  in  the 

newspapers,  to  examine  questions  of  public  interest  bearing 

on  the  election,  and  the  report  on  the  same;  the  pay  of 

newspapers  for  advertisements,   pictures,   reading  matter 

and  additional  circulation ;  the  preparation  and  circulation 

of  letters,  pamphlets  and  literature  bearing  on  election.  The 

transportation  to  and  from  the  polling  place  by  or  under 

authority  of  the  regular  executive  committee  of  a  political 

party,  or  issue,  of  any  qualified  elector  physically  infirm,  or 

of  such  inmates  of  soldiers'  and  sailors'  homes  who  are 

Havnag  Ml.       otherwise  unable  by  reason  of  physical  infirmity  to  go  to 

OTB^nofooJ^'    *^^  polls,  and  who  have  a  physician's  certificate  of  such 

nipt  paMm,      infirmity. 

Rent  of  offices  and  club  rooms,  compensation  of  such 
clerks  and  agents  as  shall  be  required  to  manage  the  neces- 
sary and  reasonable  business  of  the  election  and  of  attor 
neys  at  law  for  actual  legal  services  rendered  in  connection 
with  the  election ;  the  preparation  of  lists  of  voters  and  pay- 
ment of  necessary  personal  expenses  by  a  candidate;  the 
reasonable  traveling  expenses  of  the  committeemen,  agents, 
clerks  and  speakers;  postage,  express,  telegrams  and  tele- 
phones; the  expenses  of  preparing,  circulating  and  filing 
petitions  for  nomination.  No  party  organization  or  candi- 
"date  shall  compensate  or  hire  in  any  one  election  precinct 
-  more  than  one  person  to  prepare  lists  of  voters. 

Any  payment,  contribution  or  expenditure  or  agree- 
ment or  offer  to  pay,  contribute  or  expend  any  money  or 
thing  of  value  for  any  purpose  whatsoever  except  as  herein 
provided  is  hereby  declared  to  be  corrupt  practice  and  in- 
validates the  election  of  any  person  guilty  thereof.  (106 
V.  437.) 

Section  5175-27.  Any  person  or  corporation  who  di- 
rectly or  indirectly : 

1.  Uses  or  threatens  to  use  any  force,  violence  or  re- 
straint, or  inflicts  or  threatens  to  inflict,  any  injury,  dam- 
age, harm  or  loss,  or  in  any  other  manner  practices  intimi- 
dation upon  or  against  any  person,  in  order  to  induce  or 
compel  such  person  to  vote  or  refrain  from  voting  at  any 
election,  or  to  vote  or  refrain  from  voting  for  or  against 
any  particular  person  or  persons,  or  for  or  against  any 
proposition  submitted  to  the  voters  at  such  election,  or  to 


DefniBff  eor- 
rapt  praetieM. 


OFFENSES  RELATING  TO  ELECTIONS.  271 

THE  CORRUPT  PRACTICES   ACT. 

place  or  cause  to  be  placed,  or  to  refrain  from  placing  or 
causing  to  be  placed,  his  name  upon  a  registry  of  voters,  or 
on  account  of  such  person  having  voted  or  refrained  from 
voting  at  such  election,  or  having  voted  or  refrained  from 
voting  for  or  against  any  particular  person  or  persons,  or 
for  or  against  any  proposition  submitted  to  voters,  at  such 
election  or  having  registered  or  refrained  from  registering 
as  a  voter ;  or, 

2.  By  abduction,   duress  or  any  forcible  fradulent  ^^f^^'^Jj,, 
device  or  contrivance  whatever  impedes,  prevents  or  other- 
wise interferes  with  the  free  exercise  of  the  elective  fran- 
chise by  any  voter,  or  compels,  induces  or  prevails  upon 

any  voter  to  give  or  retain  from  giving  his  vote  for  or 
against  any  particular  person  at  any  election ;  or, 

3.  Being  an  employer,  pays  his  employes  the  salary  or 
wages  due  in  envelopes  upon  which  there  is  written  or 
printed  any  political  motto,  device  or  argument  containing 
threats,  expressed  or  implied,  intended  or  calculated  to 
influence  the  political  opinions  or  actions  of  such  employes, 
or  within  ninety  days  of  a  general  election  exhibits  in  the 
establishment  or  place  where  his  employes  are  engaged  in 
labor,  any  handbill  or  placard  containing  any  threat,  notice 
or  information,  that  if  any  particular  ticket  or  candidate  is 
elected  or  defeated,  work  in  his  place  or  establishment  will 
cease  in  whole  or  in  part,  his  establishment  be  closed  up,  or 
the  wages  of  his  employes  reduced,  or  other  threats,  ex- 
pressed or  implied,  intended  or  calculated  to  influence  the 
political  opinions,  actions  or  votes  of  his  employes,  is  guilty 
of  corrupt  practice. 

4.  Being  the  owner,  editor  or  writer  of  any  news- 
paper, magazine,  society,  religions  or  trade  publication,  or 
any  other  publication  of  any  description,  whether  published 
regularly  or  irregularly,  by  an  incorporated  company,  joint 
stock  company,  partnership  or  individual  within  or  without 
the  state  of  Ohio,  using  the  columns  of  any  such  publica- 
tion for  the  printing  of  any  demand,  or  demands  for  prom- 
ises, pledges,  or  committals  from  candidates  for  office  or 
printing  threats,  direct  or  implied,  in  the  columns  of  any 
such  publications,  for  the  purpose  of  leading,  controlling, 
or  intimidating  candidates  for  office,  or  sending  letters, 
petitions,  circulars  or  telegrams  from  any  officer,  writer, 
agent  or  representative  of  any  such  publications  to  candi- 
dates for  office,  soliciting,  requesting,  or  demanding  prom- 
ises, pledges  or  committals  for  any  purpose  or  for  any 
reason,  or  the  making  of  any  demand  or  request  verbally 
and  personally  by  any  officer,  writer,  agent  or  representa- 
tive of  any  such  publications,  for  promises,  pledges  or  com- 
mittals from  any  candidate  for  office,  or  the  soliciting  or 
receiving  of  money  or  its  equivalent  or  anything  valuable 
in  the  shape  of  presents  of  horses,  vehicles,  motor  cars, 
jewelry,  real  estate,  bonds,  stocks,  certificates  of  intereit, 
certificates  of  deposit,  insurance  policies,  railroad  passes, 


272 


OFFENSES  RELATING  TO  ELECTIONS. 


Defining   cor- 
rupt   practices. 


Amount  of  « 
penditure    al- 
lowed  can- 
didates. 


THE  CORRUPT  PRACTICES   ACT. 

theatre  passes,  baseball  passes,  furniture  or  furnishings  for 
residence  or  office,  cothing,  furs,  or  anything  else  of  value, 
from  candidates  for  office  by  any  officer,  writer,  agent  or 
representative  of  any  such  publications,  is  guilty  of  a  cor- 
rupt practice.    (102  v.  321.) 

Section  5175-28.  Any  person,  who  while  holding  a 
public  office,  or  being  nominated  or  seeking  a  nomination  or 
appointment  therefor,  corruptly  uses  or  promises  to  use 
directly  or  indirectly,  any  official  authority  or  influence 
possessed  or  anticipated,  in  the  way  of  conferring  upon 
any  person,  or  in  order  to  secure,  or  aid  any  person  in  se- 
curing, any  office  or  public  employment,  or  any  nomination, 
confirmation,  promotion  or  increase  of  salary,  upon  consid- 
eration that  the  vote  or  political  influence  or  action  of  the 
person  so*  to  be  benefited  or  of  any  other  person,  shall  be 
given  or  used  in  behalf  of  any  candidate,  officer,  or  party 
or  upon  any  other  corrupt  conditions  or  consideration,  is 
guilty  of  a  corrupt  practice.    (102  v.  321.) 

Section  5175-29.  The  total  amount  expended  by  a 
candidate  for  public  office,  voted  for  at  an  election,  by  the 
qualified  electors  of  the  state,  or  any  political  subdivision 
thereof,  for  any  of  the  purposes  specified  in  section  26  of 
this  act,  for  contributions  to  political  committees,  as  that 
term  is  defined  in  section  1  of  this  act,  or  for  any  purpose 
tending  in  any  way,  directly  or  indirectly,  to  promote  or 
aid  in  securing  his  nomination  and  election,  shall  not  ex- 
ceed the  amount  specified  herein;  by  a  candidate  for  gov- 
ernor, the  sum  of  five  thousand  dollars ;  by  a  candidate  for 
other  state  elective  office  the  sum  of  two  thousand  five  hun- 
dred dollars;  by  a  candidate  for  the  office  of  representative 
in  congress  or  presidential  elector,  judge  of  the  court  of 
appeals,  the  sum  of  two  thousand  dollars;  by  a  candidate 
for  the  office  of  state  senator,  the  sum  of  three  hundred 
dollars  in  each  county  of  his  district;  by  a  candidate  for 
judge  of  common  pleas,  probate  or  insolvency  court,  the 
sum  of  five" hundred  dollars;  by  a  candidate  for  the  office 
of  state  representative  the  sum  of  three  hundred  and  fifty 
dollars;  by  a  candidate  for  any  other  public  office  to  be 
voted  for  by  the  qualified  electors  of  a  county,  city,  town 
or  village,  or  any  part  thereof,  if  the  total  number  of  votes 
cast  therein  for  all  candidates  for  the  office  of  governor  at 
the  last  preceding  state  election,  shall  be  five  thousand  or 
less,  the  sum  of  three  hundred  dollars.  If  the  total  num- 
ber of  votes  cast  therein  at  such  last  preceding  state  elec- 
tion be  in  excess  of  five  thousand,  the  sum  of  five  dollars 
for  each  one  hundred  in  excess  of  such  number  may  be 
added  to  the  amounts  above  specified.  Any  candidate  for 
a  public  office  who  shall  expend  for  the  purpose  above  men- 
tioned an  amount  in  excess  of  the  amounts  herein  specified 
shall  be  guilty  of  a  corrupt  practice.     (103  v.  580.) 


OFFENSEb  R^ATING  TO  ELECTIONS. 


273 


THE  CORRUPT  PRACTICES   ACT. 

Section  5175-29a.  The  total  amount  expended,  con- 
tributed or  paid,  or  offered  or  promised  to  ])e  paid,  con- 
tributed or  expended  by  an  individual  other  than  a  candi- 
date for  public  office  as  defined  in  section  5175-29,  for  any 
of  the  purposes  specified  in  section  5175-26,  or  contributions 
to  political  committees,  or  for  any  other  purpose  tending  in 
any  way,  directly  or  indirectly,  to  promote  or  aid  in  secur- 
ing, or  to  aid  or  take  part  in  defeating,  the  nomination,  the 
election,  or  the  nomination  and  election  of  any  candidate 
for  public  office  voted  for  at  any  >election  in  the  state  shall 
not  exceed  ten  per  cent,  of  the  annual  salary  of  such  can- 
didate so  voted  for  as  aforesaid  and  for  whom,  or  against 
whom,  such  contributions,  payment  or  expenditure  is  made, 
but  nothing  in  this  section  contained  shall  apply  to  the 
treasurer  of  any  political  committee  acting  in  his  official 
capacity.  Any  person  who  shall  expend  for  the  purposes 
above  mentioned  an  amount  in  excess  of  the  amount  herein 
specified  shall  be  guilty  of  a  corrupt  practice.    (103  v.  581.) 

Section  5175-29b.  The  total  amount  paid,  lent,  con- 
tributed or  promised  to  be  paid,  lent,  or  contributed  by  any 
person,  directly  or  indirectly,  by  himself  or  through  any 
other  person  in  connection  with  and  in  respect  of  an  elec- 
tion at  which  a  proposition  is  submitted  to,  and  voted  upon 
by  the  electors  of  the  state  or  any  political  subdivisions 
thereof,  shall  not  exceed  the  sum  of  one  hundred  dollars^ 
providing  the  total  vote  cast  for  governor  at  the  last  pre- 
ceding election  in  the  state,  county,  city,  town  or  village,  or 
part  thereof,  wherein  said  election  is  held  shall  be  five  thou- 
sand or  less.  If  the  total  number  of  votes  cast  therein  at 
such  last  preceding  election  be  in  excess  of  five  thousand,  the 
sum  of  one  dollar  for  each  one  hundred  votes  in  excess  of 
five  thousand  may  be  added  to  said  amount  of  one  hundred 
dollars.  Any  person  who  shall  expend  for  the  purposes 
above  mentioned  an  amount  in  excess  of  the  amounts  herein 
specified  shall  be  guilty  of  a  corrupt  practice.    (103  v.  581.) 


Amount   of   ex- 
penditure   or 
contribution    by 
person    other 
than    a    can- 
didate. 


Expenditure    al- 
lowed   upon 
submission   of 
a    proposition. 


SAFEGUARDING  PETITIONS. 


Section  5175-29c.  Whoever  seeks  to  propose  a  law  or 
constitutional  amendment  by  initiative  petition  or  to  file 
a  referendum  petition  against  any  law,  section,  or  item  in 
any  law%  may  file  a  duly  verified  copy  of  the  proposed  law, 
constitutional  amendment  or  the  law,  section,  or  item  to  be 
referred,  together  wdth  a  synopsis  of  the  same  with  the  sec- 
retary of  state  before  circulating  such  petition.  If  such 
copy  is  not  filed  with  the  secretary  of  state,  the  persons  pri- 
marily directing  the  circulation  of  such  initiative  or  refer- 
endum petition  shall  within  ten  days  after  commencing  the 
circulation  of  such  petition,  file  with  the  secretary  of  state  a 
written  notice  setting  forth  the  date  when  such  circulation 
was  commenced,  and  embodying  the  title  and  text  of  sucli 
law,  section,  item  or  constitutional  amendment,  and  signed 


A  copy  of  pro- 
posed  law   or 
amendment  to 
be    filed    with 
secretary    of 
state. 


274 


OFFENSES  RELATING  TO  ELECTIONS. 


THE  CORRUPT  PRACTICES    ACT — SAFEGUARDING  PETITIONS. 


Dulgnatlon    of 
size  of  paper 
and  type  and 
arrangement 
of    petition. 


Submiwion  of 
proposed  law 
or  amendment 
to  LegialatlTe 
Reference  De- 
partment. 


Certileation 
of  synopsis 
by    attomey- 
generaL 


Words  whieh 
shall  be  printed 
in    red. 


by  one  of  the  persons  promoting  the  circulation  of  said  peti- 
tion.    (104  V.  119.) 

Section  5175-29d.  The  secretary  of  state  shall  upon 
application  forthwith  designate  a  convenient  size  for  the 
sheets  of  paper  and  size  of  type  to  be  used  in  printing  in- 
itiative, supplementary  and  referendum  petitions  provided 
for  in  article  II,  section  la  and  section  Ig  of  the  constitu- 
tion, and  the  form  and  general  order  of  arrangement  of 
such  petitions.  Such  designation  shall  be  uniform  with  re- 
spect to  all  petitions  to  be  voted  on  at  the  same  election. 
(104  V.  119.) 

Section  5175-29e.  Ten  or  more  qualified  electors  of 
the  state  may,  by  a  written  communication,  submit  any  pro- 
posed law  or  constitutional  amendment  to  the  legislative 
reference  department  for  examination.  If  such  department 
finds  such  law  or  constitutional  amendment  correct  as  to 
form,  it  shall  so  certify  and  such  certification  shall  be 
printed  immediately,  under  the  text  of  the  law  or  constitu- 
tional amendment. 

Whoever  proposes  to  file  an  initiative  or  referendum 
petition  may  submit  to  the  attorney  general  a  fair  and  im- 
partial synopsis  of  such  proposed  law  or  amendment  and  if 
such  synopsis  is  a  truthful  statement  of  the  contents  and 
purpose  of  such  proposed  law  or  amendment  he  shall  so  cer- 
tify. Such  synopsis  together  with  the  attorney  general's 
certification  may  be  printed  in  capital  letters  immediately 
following  the  notice  provided  for  in  section  5175-29f.  The 
text  of  the  proposed  law  or  amendment  shall  be  printed  in 
full  at  the  end  of  each  part  of  the  petition.     (104  v.  120.) 

Section  5175-29f.  At  the  top  of  each  part  of  the  peti- 
tion the  following  words  shall  be  printed  in  red : 


notice. 


statement  to 
be  made  by 
solictor. 


Whoever  knowingly  signs  this  petition  more  than  once, 
signs  a  name  other  than  his  own  or  signs  when  not  a  legal 
voter  is  liable  to  prosecution.     (104  v.  120.) 

Section  5175-29g.  Immediately  preceding  the  text  of 
such  proposed  law  or  amendment,  the  following  statement, 
which  shall  include  the  signature  and  address  of  the  solic- 
itor, must  appear,  properly  filled  out. 

In  consideration  for  my  services  in  soliciting  signatures 
to  this  petition  I  have  received  or  expect  to  receive  from 

or.v.v.*.v.'.v.v.v////.v.v.v.v.v.v. ...... ...... ...... . 

(Insert  whatever  of  value  has  been  received,  or  is  ex- 
pected to  be  received.) 

Signed 

Solieitor. 
Address 

(104  V.  120.) 


OFFENSES  RELATING  TO  ELECTIONS. 


27« 


r 


I 


THE  CORRUPT  PRACTICES    ACT — SAFEGUARDING  PETITIONS. 

Section  5175-29h.  No  part  of  a  petition  as  far  as 
possible,  shall  contain  the  names  of  electors  from  more  than 
one  county,  and  all  the  parts  of  the  petition  from  each 
county  from  which  there  are  signatures  shall  be  so  arranged 
and  filed  together,  and  the  quota  of  each  county  may  be 
easily  separated  from  that  of  other  counties. 

When  any  supplementary  or  referendum  petition  is 
filed  with  the  secretary  of  state,  the  latter  shall  at  once 
transmit  to  the  board  of  deputy  state  supervisors  of  elec- 
tions of  each  county,  from  which  there  appears  names  of 
electors  on  any  part  petition  filed  with  him,  the  part  peti- 
tions containing  the  signatures  of  electors  from  that  county. 
(104  V.  120.) 

Section  5175-29i.  As  soon  as  the  board  of  deputy 
state  supervisors  of  elections  of  a  county  receives  the  parts 
of  the  petitions  transmitted  by  the  secretary  of  state,  it 
shall  keep  the  same  open  to  public  inspection  until  the  time 
it  is  required  to  return  the  same  to  the  secretary  of  state. 

In  any  county  containing  a  city  or  cities  wherein  a 
general  registration  of  voters  is  required  by  law,  the  board 
of  deputy  state  supervisors  of  elections  of  such  county  shall 
carefully  compare  the  names  of  the  electors  who  signed  the 
parts  of  the  petition  and  who  reside  in  such  city,  or  cities, 
with  the  registration  lists.  If  any  names  appear  on  the 
parts  of  the  petition  which  are  not  upon  the  registration 
lists,  such  board  shall,  unless  satisfied  that  the  petitioner  in 
question  is  an  elector  of  said  county  and  qualified  to  sign 
the  petition,  make  a  note  thereof  in  its  report  to  the  secre- 
tary of  state.  It  shall  also  scrutinize  all  parts  of  the  peti- 
tion, whether  from  a  city  or  other  political  subdivision  with- 
in the  county,  for  repetition  of  signatures,  illegal  signatures 
and  for  the  omission  of  any  of  the  formal  or  other  requisites 
set  forth  in  the  constitution.  If  said  board  shall  find  any 
signature  or  signatures  insuflRcient,  it  shall  make  a  note 
opposite  such  signature  or  signatures  to  that  effect,  and  no- 
tify the  person  or  persons  who  solicited  such  signatures,  or 
other  person  or  persons  interested  in  the  circulation  of  the 
part  of  the  petition  containing  such  signatures,  of  Ae  in- 
sufficiency of  the  same. 

The  board  of  deputy  state  supervisors  of  election  of 
said  county  shall  proceed  to  establish  the  insufficiency  of 
such  signatures  in  an  action  before  the  court  of  common 
pleas  of  said  county,  which  must  be  brought  within  three 
days  after  the  aforesaid  notice  is  served  and  heard  forth- 
with by  the  .iudge  of  said  court,  whose  decision  in  the  case 
shall  be  finai.  In  counties  having  more  than  one  judge  of 
the  court  of  common  pleas,  it  shall  be  the  duty  of  the  pre- 
siding judge  to  designate  the  judge  before  whom  such  action 
shall  be  brought.  If  the  signatures  are  adjudged  sufficient 
they  must  be  included  with  the  others  by  the  board  of 
deputy  state  supervisors  of*  election  of  the  county ;  if  they 
are  found  insufficient  they  shall  not  be  so  included. 


Part  petitloa 
should  not  eon-j 
tain  names 
from   mora  thMMi 
one    countj ; 
transmittal  to 
deputy   st«t« 
superrisort.  < 


Petitions  op«B 
to   public 
Inspection. 


Comparison  of  ; 
slenatures  and  < 
report  to  secrs-i 
tary  of  state. 


Procedure   by 
board    when        j 
siffnatures 
insufficient.  '       I 


Hearing   to   w- 
tablish    insof- 
flclency    of 
signatures. 


276 


OFFENSES  RELATING  TO  ELECTIONS. 


Time    within 
which    Insuf- 
ficiency shall  be 
proved  and  ad- 
ditional   signa- 
tures filed. 


When   petition 
must   be    re- 
turned to  secre- 
tary of  state; 
certification. 


Designation 
of  committee 
to  represent 
petitioners. 


Sworn    state- 
ment of  cir- 
culator   filed 
with   secretary 
of 


THE  CORRUPT  PRACTICES   ACT — SAFEGUARDING  PETITIONS. 

The  petition  and  signatures  upon  the  parts  of  the  peti- 
tion, properly  verified,  shall  be  presumed  to  be  in  all  re- 
spects sufficient,  unless  not  later  than  forty  days  before  the 
election  their  insufficiency  shall  be  proved,  as  herein  pro- 
vided, and  in  such  event  ten  additional  days  shall  be  al- 
lowed by  the  secretary  of  state  after  such  petition  or  parts 
of  petition  have  been  returned,  for  the  filing  of  additional 
.signatures  to  such  petition. 

Within  twenty-five  days  after  the  date  when  the  parts 
of  the  petition  were  transmitted  to  it  by  the  secretary  of 
state,  but  not  less  than  fifty  days  before  the  election,  said 
board  shall  return  the  parts  of  the  petition  to  the  secretary 
of  state,  with  a  certification  of  the  total  number  of  sufficient 
signatures  thereon.  The  number  so  certified  shall  be  used 
by  the  secretary  of  state  in  determining  the  total  number 
of  signatures  to  the  petition,  which  he  shall  record  and  an- 
nounce. The  signatures  to  the  petition  and  parts  of  the  pe- 
tition, when  so  certified,  shall  be  in  all  respects  sufficient. 
(106  V.  295.) 

Section  5175-29k.  The  petitioners  may  designate,  in 
any  initiative,  supplementary  or  referendum  petition,  a 
committee  of  not  less  than  three  nor  more  than  five  of  their 
number,  who  may  represent  them  in  all  matters  connected 
with  such  petitions.  Notice  of  all  matters  or  proceedings 
pertaining  to  said  petitions  may  be  served  on  said  commit- 
tee or  any  of  them,  either  personally  or  by  registered  mail, 
or  by  leaving  the  same  at  the  usual  place  of  residence  of 
each  of  them.     (104  v.  121.) 

Section  5175-29m.  (1)  The  circulator,  or  his  agent, 
of  an  initiative,  supplementary  or  referendum  petition,  or  a 
petition  for  additional  signatures,  for  thg  submission  of  a 
constitutional  amendment,  proposed  law,  law,  section  or  item 
of  any  law  at  a  state  election,  shall,  within  twenty  days 
after  such  petitions  are  filed  with  the  secretary  of  state,  file 
with  such  secretary  a  sw^orn  itemized  statement  showing  in 
detail : 

(a)  All  money  or  things  of  value  paid,  given  or  prom- 
ised for  circulating  such  petition. 

(b)  All  appointments,  promotions  or  increases  in  sal- 
ary in  positions  not  provided  for  by  the  constitution  or  laws 
of  Ohio  or  any  municipality  therein,  which  were  given  or 
promised,  or  to  obtain  which  assistance  was  given  or  prom- 
ised as  a  consideration  for  work  done  in  circulating  peti- 
tions. 

(c)  Full  names  and  addresses  of  all  persons  to  whom 
such  payments  or  promises  were  made. 

(d)  Full  names  and  addresses  of  all  persons  who  con- 
tributed anything  of  value  to  be  used  in  circulating  such 
petitions. 

(e)  Time  spent  and  salaries  earned  while  soliciting 
signatures  to  petitions  by  persons  who  were  regular  salaried 


OFFENSES  RELATING  TO  ELECTIONS. 


277 


THE  CORRUPT  PRACTICES    ACT — SAFEGUARDING  PETITIONS. 

employes  of  some  person  and  whom  said  employer  author- 
ized to  solicit  as  a  part  of  their  regular  duties. 

(2)  Such  statement  shall  be  open  to  public  inspection 
for  a  period  of  one  year. 

(3)  The  statement  provided  for  by  this  section  shall 
not  be  required  from  persons  who  take  no  other  part  in  cir- 
culating a  petition  than  making  affidavits  to  parts  of  the 
petition  and  soliciting  signatures  to  the  same.     (104  v.  122.) 

Section  5175-29n.    Whoever  directly  or  indirectly: 

(1)  Wilfully  misrepresents  the  contents  of  any  initi- 
ative, supplementary  or  referendum  petition ;  or 

(2)  Pays  or  offers  to  pay  any  elector  anything  of 
value  for  signing  an  initiative,  supplementary  or  referen- 
dum petition ;  or 

(3)  Promises  to  help  another  to  obtain  appointment 
to  any  office  provided  for  by  the  constitution  or  laws  of 
Ohio  or  any  municipality  therein  as  a  consideration  for  ob- 
taining or  preventing  signatures  to  an  initiative,  supple- 
mentary or  referendum  petition ;  or 

(4)  Obtains  or  prevents  signatures  to  any  initiative, 
supplementary  or  referendum  petition  as  a  consideration 
for  the  assistance  or  promise  of  assistance,  of  another  per- 
son in  securing  an  apointment  to  any  position  provided  for 
by  the  constitution  or  laws  of  Ohio  or  any  municipality 
therein ;  or 

(5)  Alters  or  adds  to  or  erases  any  signatures  or 
names,  on  the  parts  of  a  petition  after  such  parts  have  been 
filed  with  the  secretary  of  state ;  or 

(6)  Fails  to  fill  out  truthfully  the  blank  statement 
provided  in  section  5175-29g ;  or 

(7)  Fails  to  file  the  sworn  itemized  statement  oe- 
quired  in  section  5175-29m ;  or 

(8)  Being  a  member  or  an  employe  of  a  board  of 
deputy  state  supervisors  of  elections  wilfully  reports  any 
genuine  signature  on  a  part  of  a  petition  as  fraudulent  or 
knowingly  refuses  or  neglects  to  report  any  fraudulent  sig- 
natures is  guilty  of  corrupt  practice.     (104  v.  122.) 

Section  1575-29o.  (1)  Whoever  knowingly  signs  an 
initiative,  supplementary  or  referendum  petition,  more  than 
once,  signs  a  name  other  than  his  o^^^l,  or  signs  when  not  a 
legal  voter,  shall,  upon  conviction,  be  fined  not  more  than 
one  hundred  dollars. 

(2)  Whoever  accepts  anything  of  value  for  signing 
an  initiative,  supplementary  or  referendum  petition  shall 
upon  conviction  be  fined  not  to  exceed  twenty-five  dollars. 

(3)  Whoever  sells,  purchases,  steals,  attempts  to  steal, 
or  wilfully  destroys  or  mutilates  an  initiative,  supple- 
mentary or  referendum  petition  or  a  part  thereof  which  is 
being  or  has  been  lawfully  circulated  shall  upon  conviction 
be  fined  not  to  exceed  five  hundred  dollars  or  be  imprisoned 
in  the  penitentiary  not  more  than  five  years.     The  words 


What    consti- 
tutes corrupt 
practices    rela- 
tive to  I.   and 
R.  petitions. 


Penalties    for 
violations  of  act 
safeguarding 
I.  and  R.  peti- 
tions. 


278 


OFFENSES  BELATINQ  TO  ELECTIONS. 


THE  CORRUPT  PRACTICES   ACT— SAFEGUARDING  PETITIONi. 


tary  of  state. 


Petitionfl    to 
whicb  ctrtaln 
sections  apply. 


"sells  and  purchases"  shall  not  be  construed  to  apply  to 
persons  paying  or  receiving  pay  for  soliciting  signatures  to, 
or  circulating  a  petition,  or  parts  of  a  petition. 

(4)  Whoever  directly  or  indirectly,  by  intimidation 
or  threats  influences  or  seeks  to  influence  any  person  to  sign 
or  abstain  from  signing  or  to  circulate  or  abstain  from  cir- 
culating an  initiative,  supplementary  or  referendum  peti- 
tion shall,  upon  conviction,  be  fined  not  more  than  one  hun- 
dred dollars. 

'Whoever  fails  to  file  the  notice  required  in  section 
5175-29c,  shall,  upon  conviction,  be  fined  not  more  than  one 
hundred  dollars.     ( 104  v.  123. ) 

Punishment  SECTION  5175-29p.    Corrupt  practices  as  defined  in  this 

act  shall  be  punished  as  provided  in  section  13323-1  of  the 
General  Code.     (104  v.  123.)     (See  below.) 

Excerpts  of  law  SECTION  5175-29q.     Excerpts    of    this    act    applying 

nWie?by*B(Sw-  to  circulators,  and  forms  for  the  statements  required  to  be 
filed  by  this  act,  shall  be  prepared  by  the  secretary  of  state 
and  furnished  to  prospective  circulators  free  upon  applica- 
tion.    (104  V.  123.) 

Section  5175-29r.  Section  5175-29c  to  section  5175- 
29q  inclusive  shall  apply  only  to  petitions  and  elections 
upon  petitions  upon  which  it  is  necessary  to  file  signatures 
from  each  of  one-half  of  the  counties  of  the  state.  (104  v. 
124.) 

Section  13323-1.  Any  person  convicted  of  a  corrupt 
practice  under  this  act  shall  be  fined  not  less  than  one  hun- 
dred dollars  and  not  more  than  five  hundred  dollars,  or  im- 
prisoned in  the  county  jail  not  to  exceed  six  months,  or 
both ;  and  if  he  shall  have  been  elected  to  office,  he  shall  in 
addition  thereto  forfeit  such  office.     (102  v.  321.) 

Section  13323-2.  No  person  shall  be  excused  from 
attending  and  testifying,  or  from  producing  any  books, 
papers  or  other  documents  before  any  court  or  judge  upon 
any  trial,  investigation,  or  hearing  under  the  provisions  of 
this  act,  upon  the  ground,  or  for  the  reason  that  the  testi- 
mony or  evidence,  documentary  or  otherwise,  required  of 
him,  may  tend  to  convict  him  of  a  crime,  or  subject  him  to 
a  penalty  or  forfeiture ;  but  no  person  shall  be  prosecuted  or 
subjected  to  any  penalty  or  forfeiture,  for  or  on  account  of 
any  transaction,  matter  or  thing  concerning  which  he  may 
so  testify,  or  produce  evidence,  documentary  or  otherwise, 
and  no  testimony  so  given  or  produced  shall  be  received 
against  him  upon  any  criminal  investigation  or  proceeding. 
(102  V.  321.) 

Section  13323-3.  All  prosecutions  under  this  act  must 
be  commenced  within  one  year  after  the  commission  of  the 
act  complained  of.     (102  v.  321-331.) 


Penalty. 


Incrimination 
no  excuse  from 
testifying. 


OFFENSES  RELATING  TO  ELECTIONS. 

ILLEGAL  VOTING. 


279 


Section  13250.  Whoever  votes  or  attempts  to  vote 
more  than  once  at  the  same  election  shall  be  imprisoned  in 
the  penitentiary  not  less  than  one  year  nor  more  than  five 
years.     (R.  S.  Sec.  7050.) 

Section  13251.  Whoever  votes  at  an  election,  not  hav- 
ing been  a  resident  of  this  state  for  one  year  next  preceding 
such  election,  shall  be  imprisoned  not  less  than  one  month 
nor  more  than  six  months.     (E.  S.  Sec.  7051.) 

Section  13252.  Whoever,  being  a  resident  of  another 
state,  votes  or  attempts  to  vote  at  an  election  in  this  state, 
shall  be  imprisoned  in  the  penitentiary  not  less  than  one 
year  nor  more  than  five  years.     (R.  S.  Sec.  7049.) 

Section  13253.  Whoever,  being  a  resident  of  this 
state,  votes  in  a  county  in  which  he  has  not  been  an  actual 
resident  for  thirty  days  next  preceding  the  election,  shall  be 
imprisoned  in  the  penitentiary  not  less  than  one  year  nor 
more  than  three  years.     (R.  S.  Sec.  7048.) 

Section  13254.  Whoever  votes  at  an  election  in  a  pre- 
cinct into  which  he  has  come  for  temporary  purposes,  or, 
being  an  unmarried  man,  has  not  resided  therein  for  twenty 
days  next  preceding  such  election,  shall  be  fined  not  more 
than  five  hundred  dollars  or  imprisoned  not  less  than  three 
months  nor  more  than  six  months.     (R.  S.  Sec.  7047.) 

Section  13255.  Whoever  votes  at  an  election,  know- 
ing that  he  is  not  twenty-one  years  of  age,  shall  be  impris- 
oned not  less  than  one  month  nor  more  than  six  months. 
(R.  S.  Sec.  7051.) 

Section  13256.  Whoever  votes  at  an  election,  know- 
ing that  he  is  not  a  citizen  of  the  United  States,  shall  be 
imprisoned  not  less  than  one  month  nor  more  than  six 
months.     (R.  S,  Sec.  7051.) 

Section  13257.  Whoever,  being  disqualified  by  con- 
viction of  crime  and  not  restored  to  all  the  rights  of  a  citi- 
zen, votes  at  an  election,  shall  be  imprisoned  not  less  than 
one  month  nor  more  than  six  months.     (R.  S.  Sec.  7051.) 

Section  15258.  Whoever  impersonates  another  per- 
son, real  or  fictitious,  living  or  dead,  and  votes  or  attempts 
to  vote  at  an  election  as  an  elector  in  the  name  of  such  per- 
son, shall  be  imprisoned  in  the  penitentiary  not  less  than 
two  years  nor  more  than  five  years.     (R.  S.  Sec.  7055.) 


Voting  more 
than  once  at 
same  election. 


Voting  with- 
out one  year"! 
realdence. 


Voting,  a  r< 
dent  of  an- 
other state. 


Voting,  not  a 
resident  of 
the  county 
thirty  days. 


Voting,    not 
resident  of 
the  precinct 
twenty  days. 


Voting  not  being 
twenty-ons 
years  of  age. 


Voting,  not  be- 
ing a  citizen. 


Voting,  being 
under  coutIc- 
tlon  of  crime. 


Voting  by  Im- 
personating 
another. 


PROCURING  ILLEGAL  VOTE. 


Section  13259.     Whoever  counsels  or  advises  another  Non-resident  of 
to  vote  at  an  election,  knowing  that  he  has  not  been  a  resi-   *^^®- 
dent  of  this  state  for  one  year  next  preceding  such  election, 
shall  be  fined  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars  and  imprisoned  not  less  than  one 
month  nor  more  than  six  months.     (R.  S.  Sec.  7052.) 

Section  13260.     Whoever  procures,  aids,  assists,  coun- 
sels or  advises  another  person  to  go  or  come  into  a  county 


Non-resl«ent 
of  county. 


280 


OFFENSES  RELATING  TO  ELECTIONS. 


PROCURING   ILLEGAL   VOTE. 


Not  of  legal  age. 


Not  a  United 
States  citizen. 


Other  dis- 
abilities. 


for  the  purpose  of  voting  therein,  knoM^ing  that  such  per- 
son is  not  qualified  to  vote  therein,  shall  he  imprisoned  in 
the  penitentiary  not  less  than  one  year  nor  more  than  five 
years.     (R.  S.  Sec.  7053.) 

Section  13261.  Whoever  counsels  or  advises  another 
person  to  vote  at  an  election,  knowing  that  at  the  time  of 
such  election  such  person  is  not  twenty-one  years  of  age, 
shall  be  fined  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars  or  imprisoned  not  less  than  one- 
month  nor  more  than  six  months.     (R.  S.  Sec.  7052.) 

Section  13262.  Whoever  counsels  or  advises  another 
peuson  to  vote  at  an  election,  knowing  that  such  person  is 
not  a  citizen  of  the  United  States,  shall  be  fined  not  less 
than  one  hundred  dollars  nor  more  than  five  hundred  dol- 
lars or  imprisoned  not  less  than  one  month  nor  more  than 
six  months.     (R.  S.  Sec.  7052.) 

Section  13263.  Whoever  counsels  or  advises  another 
person  to  vote  at  an  election,  knowing  that  by  reason  of 
any  disability  other  than  those  named  in  the  next  four  pre- 
ceding sections,  such  person  is  not  duly  qualified  to  vote  at 
the  place  where  and  time  when  such  vote  is  to  be  given, 
shall  be  fined  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars  or  imprisoned  not  less  than  one 
month  nor  more  than  six  months.     (R.  S.  Sec.  7052.) 


BALLOTS. 


Putting  a 
fraudulent 
ballot  in  box. 


Voting  ballot 
other  than 
official. 


Fraudulently 
changing  a 
ballot  of  an 
elector. 


Marking  a  bal- 
lot of  an  elec- 
tor unlawful. 


Inducing  an 
elector  to  show 
how  he  marked 
his  ballot. 


Section  13264.  Whoever,  either  before  or  after 
proclamation  is  made  at  the  opening  of  the  polls,  fraudu- 
lently puts  a  ballot  or  ticket  into  the  loallot  box,  shall  be 
imprisoned  in  the  penitentiary  not  less  than  two  years  nor 
more  than  five  years.     (R.  S.  Sec.  7055.) 

Section  13265.  Whoever  knowingly  votes  or  at- 
tempts to  vote  a  ballot  other  than  an  official  ballot  lawfully 
obtained  by  him,  shall  be  fined  not  less  than  two  hundred 
and  fifty  dollars,  nor  more  than  one  thousand  dollars,  or 
imprisoned  not  less  than  thirty  days  nor  more  than  six 
months,  or  both.     (89  v.  449  §  26 ;  R.  S.  Sec.  7063.) 

Section  13266.  Whoever  fraudulently  or  deceitfully 
changes  a  ballot  of  an  elector,  by  which  such  elector  is  pre- 
vented from  voting  for  such  candidate  as  he  intends  to  do, 
shall  be  imprisoned  in  the  penitentiary  not  less  than  one 
year  nor  more  than  three  years.    (R.  S.  Sec.  7054.) 

Section  13267.  Whoever,  at  an  election,  marks  the 
ballot  of  an  elector  or  hands  a  marked  ballot  to  him  to  vote, 
with  intent  to  ascertain  how  he  voted,  shall  be  fined  not 
more  than  fifty  dollars  and  imprisoned  not  more  than  ten 
days.     (R.  S.  Sec.  7063.) 

Section  13268.  Whoever  endeavors  to  induce  an  elec- 
tor, after  voting  at  an  election,  to  show  how  he  marked  his 
ballot  at  such  election,  shall  be  fined  not  less  than  twenty- 


OFFENSES  RELATING  TO  ELECTIONS. 


281 


BALLOTS. 


five  dollars  nor  more  than  five  hundred  dollars  or  impris- 
oned in  jail  not  more  than  six  months,  or  both.  (89  v.  450 
§  30.) 

Section  13269.  Whoever,  being  an  elector,  allows  his 
ballot  to  be  seen  by  another  except  as  provided  by  law,  with 
an  apparent  intention  of  letting  it  be  known  how  he  is 
about  to  vote,  shall  be  fined  not  less  than  twenty-five  dollars 
nor  more  than  five  hundred  dollars  or  imprisoned  in  jail 
not  more  than  six  months,  or  both.     (89  v.  450  §  30.) 

Section  13270.  Whoever,  at  an  election,  interferes  or 
attempts  to  interfere  with  an  elector  when  inside  the  en- 
closed place,  or  when  marking  his  ballot,  shall  be  fined  not 
less  than  twenty-five  dollars  nor  more  than  five  hundred 
dollars  or  imprisoned  in  jail  not  more  than  six  months,  or 
both.     (89  V.  450  §30.) 

Section  13271.  Whoever,  being  an  elector,  purposely 
marks  his  ballots  so  it  may  be  identified  after  it  has  been  east 
shall  be  fined  not  less  than  twenty-five  dollars  nor  more 
than  five  hundred  dollars  or  imprisoned  in  jail  not  more 
than  six  months,  or  both.     (89  v.  450  §  30.) 

Section  13272.  Whoever,  being  an  elector,  makes  a 
false  statement  as  to  his  inability  to  mark  his  ballot,  shall 
be  fined  not  less  than  twenty-five  dollars  nor  more  than  five 
hundred  dollars  or  imprisoned  in  jail  not  more  than  six 
months,  or  both.     (89  v.  450  §  30.) 

Section  13273.  Whoever  knowingly  has  in  his  pos- 
session an  official  ballot  illegally  obtained  shall  be  fined 
not  less  than  two  hundred  and  fifty  dollars  nor  more  than 
one  thousand  dollars  or  imprisoned  not  less  than  thirty  days 
nor  more  than  six  months,  or  both.     (89  v.  449  §  26.) 

Section  13274.  Whoever,  being  an  election  officer,  de- 
ceives an  elector  in  marking  his  ballot,  or  marks  it  other 
than  he  is  lawfully  requested  to  by  such  elector,  shall 
be  fined  not  less  than  twenty-five  dollars  nor  more  than  five 
hundred  dollars  or  imprisoned  in  jail  not  more  than  six 
months,  or  both.     (89  v.  450  §  30.) 

Section  13275.  Whoever  forges  or  falsely  makes  the 
official  endorsement  on  a  ballot  shall  be  fined  not  less  than 
one  hundred  dollars  nor  more  than  one  thousand  dollars  or 
imprisoned  in  jail  not  more  than  one  year,  or  both.  (89  v. 
449  §  28.) 

Section  13276.  Whoever  wilfully  defaces,  tears  down, 
removes  or  destroys  a  card  of  instruction  or  specimen  ballot 
posted  for  the  instruction  of  voters  shall  be  fined  not  less 
than  one  hundred  dollars  nor  more  than  one  thousand  dol- 
lars or  imprisoned  in  jail  not  more  than  one  year,  or  both. 
(89  V.  449  §  28.) 

Section  13277.  Whoever  wilfully  destroys  or  defaces 
a  lawful  ballot  shall  be  fined  not  less  than  one  hundred  dol- 
lars nor  more  than  one  thousand  dollars  or  imprisoned  in 
jail  not  more  than  one  year,  or  both.     (89  v.  449  §  28.)  / 


Elector  permit-     1 

ting  ballot  to 

be  seen.  \ 


Interfering 
with  an  elector 
when  marking 
his  ballot. 


Elector  marking 
ballot  80  as  to 
be   identified. 


Elector  making 
false  statement 
as  to  inability 
to  mark  ballot. 


Having  in 
possession  a 
ballot  illegally 
obtained. 


Election  officer      j 
deceiving  an  ^ 

elector  in  mark-  i 
ing  his  ballot.        , 


Forging  official 
endorsement 
on  ballot. 


Tearing  down, 
etc.,  specimen 
ballot,  etc. 


Destsroying 
lawful  ballot. 


282 


OFFENSES  RELATING  TO  ELECTIONS. 


BALLOTS. 


RemoTlnK  ballot 
outside  of 
enclosure. 


Delaying  deliv- 
ery of  ballot. 


Distributing 
an    unlawful 
baUot. 


Printing  an  un- 
lawful baUot. 


Further  offenses 
pertaining  to 
printing  of 
ballot!. 


Offenses  per- 
taining to  cus- 
tody or  delivery 
of  ballots, 
blanks,    poll- 
books,  cards  of 
instruction,    etc. 


Section  13278.  Whoever  takes,  removes  or  is  found 
in  possession  of  a  lawful  ballot  outside  of  the  enclosure  pro- 
vided for  voting,  before  the  polls  have  been  closed,  shall 
be  fined  not  less  than  one  hundred  dollars,  nor  more  than 
one  thousand  dollars  or  imprisoned  in  jail  not  more  than 
one  year,  or  both.     (89  v.  449  §  28.) 

Section  13279.  "Whoever  wilfully  hinders  or  delays 
the  delivery  of  a  lawful  ballot  to  a  person  entitled  to  receive 
it  shall  be  fined  not  less  than  one  hundred  dollars  nor  more 
than  one  thousand  dollars  or  imprisoned  in  jail  not  more 
than  one  year,  or  both.     (89  v.  449  §  28.) 

Section  13280.  Whoever  distributes  to  an  elector  a 
ballot  printed  or  written  contrary  to  the  provisions  of  law 
shall  be  fined  not  more  than  fifty  dollars  and  imprisoned  not 
more  than  ten  days.     (R.  S.  Sec.  7063.) 

Section  13281.  Whoever  prints  for  distribution  a 
ballot  contrary  to  the  provision  of  law  shall  be  fined  not 
more  than  fifty  dollars  and  imprisoned  not  more  than  ten 
days.     (R.S.  Sec.  7063.) 

Section  13282.  Whoever,  being  employed  to  print  or 
engaged  in  printing,  the  official  ballot,  prints  or  causes  or 
permits  to  be  printed,  an  official  ballot  other  than  according 
to  the  copy  furnished  him  by  the  clerk  of  the  board  of  elec- 
tions or  such  board,  or  a  false  or  fraudulent  ballot,  or  ap- 
propriates, gives,  delivers  or  knowingly  permits  to  be  taken 
away  any  of  such  ballots  by  a  person  other  than  such  clerk, 
or  board,  or  wilfully  seals  up,  or  causes  or  permits  to  be 
sealed  up  or  delivers  to  such  clerk  or  board,  a  less  number 
of  ballots  than  the  number  endorsed  thereon,  shall  be  fined 
not  less  than  two  hundred  and  fifty  dollars  nor  more  than 
one  thousand  dollars,  or  imprisoned  not  less  than  thirty 
days  nor  more  than  six  months,  or  both.     (89  v.  449  §  26.) 

Section  13283.  Whoever,  being  a  judge  or  clerk  of 
election,  printer  or  other  person  entrusted  with  the  custody 
or  delivery  of  ballots,  blanks,  poll-books,  cards  of  instruc- 
tion or  other  required  papers,  unlawfuly  opens  or  permits 
to  be  opened,  a  sealed  package,  containing  ballots,  or  gives 
or  delivers  to  another  not  lawfully  entitled  thereto,  or  un- 
lawfully misplaces  or  carries  away,  or  negligently  loses  or 
permits  to  be  taken  from  him  or  fails  to  deliver,  or,  except 
as  by  law  provided,  destroys  such  package  of  ballots,  or  a 
ballot,  poll-books,  card  of  instruction  or  other  required  pa- 
per, shall  be  fined  not  less  than  one  hundred  dollars  nor 
more  than  one  thousand  dollars  or  imprisoned  in  jail  not 
more  than  one  year,  or  both.     (89  v.  449  §  27.) 


JUDGES  AND  CLERKS. 


Section  13284. 


Judges  of  eiec-  -^-v^xxv..^  0.0^^0:.     Whoever,  being  a  judge  of  election, 

coiitilS°''fSSd-  ^°^^^^S^y  permits  a  ballot  or  ticket,  fraudulently  placed  in 
uient  votes.     '  a  ballot-box,  if  it  can  be  designated,  to  be  counted  with  the 


OFFINgn  BHiATINa  TO  ILBOTIONB. 
JUDGES   Ain>  CLEEK8. 


283 


legal  votes  cast  at  such  election,  shall  be  imprisoned  in  the 
penitentiary  not  less  than  one  year  nor  more  than  three 
years.     (R.  S.  Sec.  7057.) 

Section  13285.  Whoever,  being  a  judge  of  election, 
after  the  counting  of  votes  commences  as  required  by  law, 
postpones  the  counting  of  such  votes,  adjourns  for  any  time 
or  to  any  place,  or  removes  the  ballot-box  from  the  place  of 
voting  or  the  custody  or  presence  of  all  the  judges  of  such 
election,  shall  be  fined  not  less  than  one  hundred  dollars, 
nor  more  than  one  thousand  dollars  and  imprisoned  not 
more  than  ten  days.     (R.  S.  Sec.  7056.) 

Section  13286.  Whoever,  being  a  judge  of  election, 
permits  a  ballot  or  ticket  to  remain  or  be  in  the  ballot  box 
at  the  opening  of  the  polls,  or  be  put  therein  during  the 
receiving,  counting  and  certifying  the  ballots,  except  when 
lawfully  presented  by  an  elector  during  an  election,  shall 
be  imprisoned  in  the  penitentiary  not  less  than  two  years 
nor  more  than  five  years.     (R.  S.  Sec.  2926 w.) 

Section  13287.  Whoever,  being  a  judge  of  an  elec- 
tion, refuses  to  take  the  oath  prescribed  by  law,  shall  be 
fined  not  less  than  three  hundred  dollars  nor  more  than  one 
thousand  dollars  and  imprisoned  not  less  than  three  months 
nor  more  than  six  months.     (R.  S.  Sec.  7058.) 

Section  13288.  Whoever,  being  a  judge  of  an  elec- 
tion, refuses  or  sanctions  the  refusal  of  another  judge  of 
such  election  to  administer  an  oath  required  by  law,  shall  be 
fined  not  less  than  three  hundred  dollars  nor  more  than  one 
thousand  dollars  and  imprisoned  not  less  than  three  months 
nor  more  than  six  months.     (R.  S.  Sec.  7058.) 

Section  13289.  Whoever,  being  a  judge  of  an  elec- 
tion, refuses  to  receive  or  sanctions  the  rejection  of  a  ballot 
from  a  person,  knowing  him  to  have  the  lawful  qualifica- 
tions of  an  elector,  shall  be  fined  not  less  than  three  hun- 
dred dollars  nor  more  than  one  thousand  dollars  and  im- 
prisoned not  less  than  three  months  nor  more  than  six 
months.     (R.  S.  Sec.  7058.) 

Section  13290.  Whoever,  being  a  judge  of  an  elec- 
tion, upon  lawful  request  therefor,  refuses  to  permit  the 
respective  candidates  or  not  more  than  three  friends  of  each 
thereof,  to  be  present  at  such  election  in  the  room  with  the 
judges  during  the  time  of  receiving  and  counting  the  bal- 
lots, shall  be  fined  not  less  than  three  hundred  dollars  nor 
more  than  one  thousand  dollars  and  imprisoned  not  less 
than  three  months  nor  more  than  six  months.  (R.  S.  Sec. 
7058.) 

Section  13291.  Whoever,  being  a  jadge  of  an  elec- 
tion knowingly  receives  or  sanctions  the  reception  of  a  bal- 
lot from  a  person  not  an  elector  as  prescribed  by  law,  or 
receives  or  sanctions  the  reception  of  a  ballot  from  a  per- 
son refusing  to  answer  a  question  in  accordance  with  the 
laws,  relating  to  elections,  shall  be  fined  not  less  than  three 


Judfes    poBtpoa- 

Ing    countiJM^, 
adjourning  or 
remoTlBg 
ballot  box. 


Ju4c«   p«rBli- 
tinff  baUott  In 
box  at  opcn- 
Inf  of  polls. 


Judge    rcfuaing 
to  take  oath. 


Judge    refusing 
to    adminiater 
oath. 


Judge    refuslns 
lawful  bsllot. 


Judge    refusing 
candidate  or 
friends  admis- 
sion to  polls. 


Judge  of  elec- 
tion recelTlng 
unlawful    rote. 


284 


Judge  neglecting 
to   forward 
notice. 


Judge    or    cl^k 
distributing 
ballots   inside 
polling  room. 


Judge  or 
clerk  mis- 
leading voter. 


Judge  or  clerk 
disclosing  how 
elector  voted. 


Judge  or  clerk 
neglecting  of- 
ficial duty. 


OFFENSES  RELATING  TO  ELECTIONS. 
JUDGES   AND   CLERKS. 

hundred  dollars  nor  more  than  one  thousand  dollars  and 
imprisoned  not  less  than  three  months  nor  more  than  six 
months.     (R.  S.  Sec.  7058.) 

Section  13292.  Whoever,  being  one  of  the  judges  of 
election  making  an  apointment  of  registrar,  judge  or  clerk 
of  election  to  fill  a  vacancy  caused  by  absence  or  removal, 
neglects  or  fails  to  send  notice  thereof  to  the  board  of 
deputy  state  supervisors,  or,  whoever,  being  a  person  to 
whom  such  notice  for  such  board  may  be  given  for  delivery 
thereto,  neglects  or  fails  to  deliver  it  promptly,  shall  be  fined 
not  less  than  twenty-five  dollars  nor  more  than  one  hun- 
dred dollars  or  imprisoned  thirty  days,  or  both.  (R.  S. 
Sec.2926w.) 

Section  13293.  Whoever,  being  a  judge  or  clerk  of 
election,  witness,  challenger,  or  other  person  admitted  into 
the  polling  room  at  an  election,  and  while  therein,  from  the 
opening  of  the  polls  until  the  ballots  are  finally  counted  and 
certified,  distributes  or  gives  to  a  person,  brings  therein  or 
has  in  his  possession  or  control,  a  ballot  or  ticket  except 
that  which  he  offers  to  the  judges  as  his  own  vote  if  an 
elector,  shall  be  fined  not  less  than  twenty-five  dollars  nor 
more  than  five  hundred  dollars  or  imprisoned  in  jail  not 
less  than  thirty  days  nor  more  than  one  year.(R.  S.  Sec. 
2926  w.) 

Section  13294.  Whoever,  being  a  judge  or  clerk  of 
election,  misleads  an  illiterate  or  blind  elector,  or  an  elector 
who  is  unable  to  prepare  his  ballot,  or  prepares  a  ballot  for 
such  elector  otherwise  than  as  directed  by  him,  shall  be 
fined  not  less  than  one  hundred  dollars  nor  more  than  one 
thousand  dollars  and  imprisoned  in  jail  not  less  than  three 
months  nor  more  than  twelve  months.     (89  v.  450  §  29.) 

Section  13295.  Whoever,  being  a  judge  or  clerk  of 
election,  discloses  to  any  person  except  when  legally  re- 
quired so  to  do,  how  a  voter  whose  ballot  he  prepared  di- 
rected such  ballot  to  be  prepared,  or  how  such  voter  voted, 
shall  be  fined  not  less  than  one  hundred  dollars  nor  more 
than  one  thousand  dollars  and  imprisoned  in  jail  not  less 
than  three  months  nor  more  than  twelve  months.  (89  v. 
450  §  29.) 

Section  13296.  Whoever,  being  a  judge  or  clerk  of 
an  election,  on  whom  a  duty  is  enjoined  by  law,  wilfully 
neglects  or  corruptly  executes  such  duty,  if  there  is  no 
penalty  otherwise  specifically  provided,  shall  be  fined  not 
less  than  three  hundred  dollars  nor  more  than  one  thou- 
sand dollars  and  imprisoned  not  less  than  three  months  nor 
more  than  six  months.     (R.  S.  Sec.  7058.) 


Fraudulent 
registrations. 


REGISTRATION. 

Section  13297.    Whoever  fraudulently  obtains  or  at- 
tempts to  obtain  registration  as  an  elector  in  a  precinct  in 


OFFENSES  RELATING  TO  ELECTIONS. 
REGISTRATION. 


285 


which  he  is  not  a  qualified  elector  shall  be  imprisoned  in  the 
penitentiary  not  less  than  one  year  nor  more  than  three 
years.     (R.  S.  Sec.  2926w.) 

Section  13298.  Whoever  knowingly  induces  or  at- 
tempts to  induce,  aids  or  abets  a  person  to  obtain  or  ap- 
ply for  registration  as  an  elector  in  a  precinct  where  such 
person  is  not  a  qualified  elector,  shall  be  imprisoned  in  the 
penitentiary  not  less  than  one  year  nor  more  than  three 
years.     (R.  S.  Sec.  2926w.) 

Section  13299.  Whoever,  falsely  personates  or  as- 
sumes the  name  of  another,  real  or  fictitious,  living  or  dead, 
in  obtaining  or  attempting  to  obtain  registration  in  such 
assumed  name  as  an  elector,  or  falsely  obtains  or  applies 
for  registration  as  an  elector  in  a  name  other  than  his  own, 
or  fraudulently  aids  or  abets  another  committing  or  at- 
tempting to  commit  either  of  such  offenses,  shall  be  impris- 
oned in  the  penitentiary  not  less  than  two  vears  nor  more 
than  five  years.     (R.  S.  Sec.  2926w.) 

Section  13300.  Whoever  fraudulently  or  unlawfully 
prevents,  hinders  or  delays  an  elector  from  applying  for 
registration  as  an  elector  in  the  precinct  where  such  elector 
resides  and  is  entitled  to  vote,  or  attempts  so  to  do,  with  in- 
tent to  deprive  such  elector  of  his  right  to  vote,  shall  be 
fined  not  less  than  fifty  dollars  nor  more  than  five  hun- 
dred dollars,  and  imprisoned  in  jail  not  less  than  thirty 
days  nor  more  than  six  months.     (R.  S.  Sec.  2926w.) 

Section  13301.  Whoever,  by  false  statement  or  other 
unlawful  means,  procures,  aids,  or  attempts  to  procure,  the 
erasure  or  striking  out  on  the  register  or  duplicate  list  in  a 
precinct  of  the  name  of  a  qualified  elector  therein,  shall  be 
imprisoned  in  the  penitentiary  not  less  than  one  year  nor 
more  than  three  years.     (R.  S.  Sec.  2926w.) 

Section  13302.  Whoever,  being  a  registrar  of  elec- 
tors, or  other  registering  officer,  enters  or  consents  to  the 
entry  in  a  register  or  duplicate  list  of  electors  in  a  precinct, 
the  name  of  a  person  whom  he  knows  or  has  good  reason 
to  believe  is  not  a  qualified  voter  therein,  shall  be  imprisoned 
in  the  penitentiary  not  less  than  one  year  nor  more  than 
five  years.     (R.  S.  Sec.  2926 w.) 

Section  13303.  Whoever,  by  gift,  promise,  offer,  coer- 
cion, intimidation  or  other  unlawful  means,  induces  or  in- 
fluences, or  attempts  to  induce  or  influence  a  registrar  of 
electors  or  other  registering  officer,  to  enter  in  the  register 
or  duplicate  list  of  electors  in  a  precinct,  the  name  of  a 
person,  real  or  fictitious,  living  or  dead,  who  is  not  a  quali- 
fied elector  therein,  shall  be  imprisoned  in  the  penitentiary 
not  less  than  one  year  nor  more  than  three  years.  (R.  S. 
Sec.  2926w.) 

Section  13304.  Whoever,  being  a  registrar  of  elec- 
tion, or  other  registering  officer,  upon  request,  refuses, 
neglects  or  hinders  the  registration  of  a  qualified  voter  who 


Inducing  same. 


Obtaining  re 
istration  by 
personating 
anotiier. 


Hindering 
registration. 


Procuring  un- 
lawful   erasure 
in  registration 
lists. 


OfHcer  per- 
mitting  false 
registration. 


Inducing  false 
registration. 


Officer    refusing 
registration. 


286 


OnmNSBS  BKLATING  TO  KLICTIONB. 
UGISTlATIOir.  " 


Inducing 


Intidng   reglf- 
trtp  to  tIo- 
lAt«  law. 


Acting  «•  r«g- 
Iftrar,  judgt,  or 
dark,  without 
certlieate    of 
appointment. 


Vailure  of  regia- 
trar.  Judge,  etc., 
to  appear  be- 
fore  election 
board. 


Neglect  of  duty 
by   registrar. 


Counterfeiting 

r^stration 

certiflcatee. 


offers  to  comply  with  the  laws  relating  to  registering,  shall 
be  imprisoned  in  the  penitentiary  not  less  than  one  year 
nor  more  than  five  years.  (R.  S.  Sec.  2926 w.) 

Section  13305.  Whoever  fraudulently  induces  a  reg- 
istrar or  registering  officer,  to  refuse  registration  in  a  pre- 
cinct to  an  elector  thereof,  shall  be  imprisoned  in  the  peni- 
tentiary not  less  than  one  year  nor  more  than  three  years. 
(R.  S.  Sec.  2926w.) 

Section  13306.  Whoever,  unlawfully  prevents,  hin- 
ders or  delays  a  registrar  or  registering  officer  from  regis- 
tering a  person  lawfully  entitled  to  be  registered,  or  in- 
fluences or  induces  such  registrar  or  registering  officer  to 
violate,  refuse  or  neglect  the  execution  of  a  lawful  rule  or 
duty  of  his  office,  shall  be  imprisoned  in  the  penitentiary 
not  less  than  one  year  nor  more  than  three  years.  (R.  S. 
Sec.  2926w.) 

Section  13307.  Whoever  acts  as  a  registrar,  judge  or 
clerk  of  election  without  having  received  a  certificate  of 
appointment  from  the  board  of  deputy  state  supervisors, 
except  a  judge  and  clerk  appointed  to  fill  a  vacancy  caused 
by  absence  or  removal  or  whoever  being  so  appointed,  acts 
without  notice  thereof  having  been  sent  to  such  board, 
shall  be  fined  not  less  than  twenty-five  dollars  nor  more 
than  one  hundred  dollars  or  imprisoned  thirty  days,  or 
both.     (R.  S.  Sec.  2926w.) 

Section  13308.  Whoever,  being  an  elector  iq  a  city 
in  which  registration  of  electors  is  required  by  law,  having 
been  selected  by  the  board  of  deputy  state  supervisors  as 
a  registrar  of  electors,  judge  of  election,  additional  judge 
of  election,  or  clerk  of  election  in  such  city,  fails  to  appear 
for  examination,  as  to  his  qualifications  therefor,  before 
such  board  at  its  office  within  twenty-four  hours,  after 
notice  served  personally  upon  him,  or  left  at  his  usual  place 
of  residence,  or  having  been  appointed  to  one  of  the  offices 
aforementioned,  refuses  or  neglects  to  take  and  subscribe 
the  required  oath  of  office,  unless  excused  by  such  board, 
shall  be  fined  not  less  than  twenty-five  dollars  nor  more 
than  one  hundred  dollars  or  imprisoned  in  the  county  jail 
not  more  than  fifteen  days,  or  both.     (R.  S.  Sec.  2926e.) 

^  Section  13309.  Whoever,  being  lawfully  appointed 
registrar  of  election,  fails  to  be  at  the  place  designated  for 
registration  in  the  precinct  in  which  he  resides  during  the 
hours  set  for  the  registration  of  electors,  or  fails  to  deposit 
the  registers  of  electors  at  the  office  of  the  board  of  deputy 
state  supervisors  in  accordance  with  law,  or  fails  to  post 
the  printed  list  required  by  law,  shall  be  fined  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars  or 
imprisoned  in  the  county  jail  not  more  than  fifteen  days, 
or  both.     (R.  S.  Sec.  2926e.) 

Section  13310.  Whoever  makes,  issues,  utters  or  pub- 
lishes a  false  or  counterfeit  certificate  of  registration  author- 


OFFENSES  RELATING  TO  ELECTIONS. 


287 


REGlSniATION. 

ized  by  law  to  be  granted  by  registrars  of  electors  and 
boards  of  deputy  state  supervisors,  or  fraudulently  alters 
such  certificate  granted  by  such  officers,  shall  be  imprisoned 
in  the  penitentiary  not  less  than  two  nor  more  than  five 
years.     (B.  S.  Sec.  2926w.) 

Section  13311.  Whoever  wilfully  and  corruptly 
swears  or  affirms  falsely  upon  a  lawful  examination  by  or 
before  a  registrar  or  registering  officer  as  provided  by  law, 
shall  be  imprisoned  in  the  penitentiary  not  less  than  one 
year  nor  more  than  five  years.     (R.  S.  Sec.  2926 w.) 

BRIBERY  AND  CORRUPTION. 


Perjury    *•- 
fore  reglstnr. 


Same. 


Section  13312.  Whoever  gives  or  lends,  or  offers. or  ^^^°k  *>'">•• 
promises  to  give,  lend,  procure  or  endeavor  to  procure 
money  or  other  valuable  consideration,  to  or  for  an  elec- 
tor or  other  person,  to  induce  such  elector  to  register  or 
refrain  from  registering  for  an  election,  or  vote  or  refrain 
from  voting  at  an  election,  or  vote  or  refrain  from  voting 
at  an  election  for  a  particular  person,  question  or  propo- 
sition, or  on  account  of  such  elector  having  registered  or 
refrained  from  registering,  or  voted  or  refrained  from 
voting,  or  voted  or  refrained  from  voting  for  a  particular 
person,  question  or  proposition,  shall  be  fined  not  more 
than  five  hundred  dollars  or  imprisoned  in  the  penitentiary 
not  more  than  three  years,  or  both,  and  shall  forfeit  the 
office  to  which  he  was  elected  at  the  election  mth  reference 
to  which  such  offense  was  committed.  (89  v.  451  §  32; 
98  V.  227  §  350 

Section  13313.  Whoever  gives,  offers  or  procures, 
or  promises  or  endeavors  to  procure  an  office,  place  or 
employment  to  or  for  an  elector  or  other  person,  in  order 
to  induce  such  elector  to  register  or  refrain  from  register- 
ing for  an  election,  or  vote  or  refrain  from  voting  at  an 
election,  or  vote  or  refrain  from  voting  at  an  election  for  a 
particular  person,  question  or  proposition,  or  advances,  pays 
or  causes  to  be  paid,  money  or  other  valuable  thing  to  or  for 
the  use  of  another,  with  the  intent  that  it  or  part  thereof 
shall  be  used  in  bribery  at  an  election,  shall  be  fined  not 
more  than  five  hundred  dollars  or  imprisoned  in  the  peni- 
tentiary not  more  than  three  years,  or  both,  and  shall  for- 
feit the  office  to  which  he  was  elected  at  the  election  with 
reference  to  which  such  offense  was  committed*  (89  v. 
451  §  32 ;  98  V.  227  §35.) 

Section  13314.  Whoever,  being  an  elector,  before, 
during  or  after  an  election,  receives,  agrees  or  contracts  for 
money,  gift,  loan  or  other  valuable  consideration,  office, 
place  or  employment,  for  himself  or  another  for  register- 
ing or  agreeing  to  register,  or  refraining  or  agreeing  to 
refrain  from  registering  for  an  election,  or  for  voting  or 
agreeing  to  vote,  or  refraining  or  agreeing  to  refrain  from 


ReceivlDK    bribe. 


288 


OFFENSES  RELATING  TO  ELECTIONS. 
BRIBERY   AND   CORRUPTION. 


Offender   com- 
pelled to  testify. 


Bribery  by  can- 
didate at  nom- 
inating con- 
vention. 


Receiving    bribe 
at    primary 
election. 


Giving    bribe 
at   same. 


Bribery    at 
nomination. 


voting  at  an  election,  or  for  voting  or  agreeing  to  vote,  or 
refraining  or  agreeing  to  refrain  from  voting  for  a  par- 
ticular person,  question  or  proposition  at  an  election,  shall 
be  fined  not  more  than  five  hundred  dollars  or  imprisoned 
not  more  than  one  year,  or  both,  and  be  excluded  from 
the  right  of  suffrage  for  five  years  next  succeeding  such 
conviction.     (89  v.  451  §  33 ;  98  v.  227  §  35.) 

Section  13315.  A  person  violating  a  provision  of  the 
next  three  preceding  sections  is  a  competent  witness  against 
another  so  offending,  and  may  be  compelled  to  testify  upon 
a  trial,  hearing  or  investigation,  but  the  testimony  so  given 
shall  not  be  used  in  a  prosecution  or  proceeding,  civil  or 
criminal,  against  the  person  so  testifying,  and  he  shall  not 
be, liable  thereafter  to  indictment,  prosecution  or  punish- 
ment for  the  offense  with  reference  to  which  his  testimony 
was  given  and  the  giving  of  such  testimony  shall  bar  such 
indictment  or  prosecution.     (98  v.  227  §  35.) 

Section  13316.  Whoever,  being  a  candidate  for  nomi- 
nation to  an  office  in  a  convention  held  as  provided  by  law, 
pays  or  promises  to  pay  money  or  property  to  a  delegate 
for  obtaining  his  influence  or  vote  for  such  nomination, 
shall  be  fined  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars,  and  if  nominated  and  elected  to 
such  office,  shall  forfeit  it  and  be  disqualified  from  voting 
or  being  nominated  at  such  election  or  convention.  (R.  S. 
Sec.  7042.). 

Section  13317.  Whoever  solicits,  requests,  demands 
or  receives  money,  intoxicating  liquor  or  other  thing  of 
value,  or  the  promise  thereof,  to  influence  his  vote,  or  to 
be  used,  or  under  the  pretense  of  being  used  to  procure 
the  vote  of  another  or  to  be  used  at  a  poll  or  other  place 
prior  to  or  on  the  day  a  primary  election  for  or  against 
a  candidate  to  be  voted  upon  at  such  election,  shall  be  fined 
not  less  than  one  hundred  dollars  nor  more  than  five  hun- 
dred dollars  or  imprisoned  in  the  penitentiary  for  one 
year,  or  both.     (97  v.  107  §  2 ;  99  v.  224  §  42.) 

Section  13318.  Whoever  gives  money,  property,  fee 
or  reward  for  the  vote  or  influence  of  a  person  in  favor  of 
or  against  a  candidate  for  nomination  at  an  election  held 
under  the  law  relating  to  primary  elections,  shall  be  fined 
not  less  than  one  hundred  dollars  and  imprisoned  in  the 
penitentiary  not  more  than  two  years.     (R.  S.  Sec.  7039.) 

Section  13319.  Whoever  gives  a  reward,  fee,  money 
or  property  to  influence  the  vote  of  a  delegate  or  an  elector 
in  favor  of  or  against  a  candidate,  or  for  labor  or  service 
rendered  or  to  be  rendered  to  a  candidate  for  nomination 
or  election  to  an  office,  or  for  expense  incurred  in  his  behalf, 
shall  be  fined  not  more  than  five  hundred  dollars  and  im- 
prisoned in  the  penitentiary  not  more  than  five  years.  (R. 
S.  Sec.  7041.) 


OFFENSES  RELATING  TO  ELECTIONS. 


289 


BRIBERY   AND  CORRUPTION. 


Section  13320.  Whoever,  being  a  corporation  engaged 
in  business  in  this  state,  directly  or  indirectly  pays,  uses, 
offers,  or  consents  or  agrees  to  pay  or  use  money  or  prop- 
erty for,  or  in  aid  of  a  political  party,  committee  or  organi- 
zation, or  for  or  in  aid  of  a  candidate  for  political  office, 
or  for  a  nomination  thereto,  or  uses  money  or  property 
for  any  political  purpose  whatever,  or  for  the  re-imburse- 
ment  or  indemnification  of  any  person  or  persons  for 
money  or  property  so  used,  shall  be  fined  not  less  than 
five  hundred  dollars  nor  more  than  five  thousand  dollars 
(99  v.  23,  24  §§  1,  3.) 

Section  13321.  Whoever,  being  an  officer,  stock- 
holder, attorney  or  agent  of  a  corporation  violating  the 
next  preceding  section,  participates  in,  aids  or  advises  such 
violation  or  solicits  or  knowingly  receives  money  or  prop- 
erty in  violation  of  such  section,  shall  be  fined  not  more 
than  one  thousand  dollars  or  imprisoned  not  more  than  one 
year,  or  both.     (99  v.  24  §  3.) 

Section  13322.  Whoever,  being  a  corporation  for 
profit,  violates  any  provision  of  the  law  requiring  it  to 
make  out,  have  sworn  to  by  an  officer  thereof  who  has 
knowledge  of  the  facts,  and  file  with  the  secretary  of  state, 
auditor  of  state  or  state  superintendent  of  insurance,  an 
affidavit  respecting  the  use  of  its  funds  or  property  for 
political  purposes,  or  its  consent  thereto,  shall  be  fined  not 
less  than  fifty  dollars  nor  more  than  five  hundred  dollars. 
(99v.  24§3.) 

Section  13323.  A  person  violating  any  of  the  next 
three  preceding  sections  is  a  competent  witness  against 
another  person  so  offending  and  may  be  compelled  to  attend 
and  testify  on  a  trial,  hearing,  proceeding  or  investigation 
thereof.  The  testimony  so  given  shall  not  be  used  in  a 
prosecution  or  proceeding,  civil  or  criminal,  against  the 
person  so  testifying  nor  shall  such  person,  thereafter  be 
liable  to  indictment,  prosecution  or  punishment  for  the 
offense  with  reference  to  which  his  testimony  was  so  given, 
and  he  may  plead  or  prove  the  giving  of  such  testimony  in 
bar  of  such  indictment  or  prosecution.    (99  v.  24  §  3.) 


Money  for  po- 
litical purposes 
by    corporations. 


Aid  or  advice 
in  such  case. 


Annual  Teport 
of  corporation 
thereon. 


Witnesses  under 
next  three  pre- 
ceding sections. 


PRIMARY  ELECTION. 


Section  13324..     All  provisions  and  requirements  of  Penalties  appiy- 
law  to  preserve  and  protect  the  purity  of  elections,  and   i^Sitions^^^"'' 
all  penalties  for  the  violation  of  such  laws  shall  apply  and 
be  enforced  as  to  all  primary  elections.     (99  v.  224  §  43; 
R.  S.  Sec.  7045.) 

Section  13325.  Whoever  votes  at  a  primary  election 
when  he  can  not  become  a  qualified  elector  in  such  precinct 
at  or  before  the  next  election,  shall  be  fined  not  less  than 
fifty  dollars  nor  more  than  two  hundred  dollars  or  im- 
prisoned not  less  than  ten  days  nor  more  than  sixty  days, 
or  both.     (R.  S.  Sec.  7043.) 


Voting,  not 
a  qualified 
elector. 


10— B.  L. 


290 


OFFENSES  RELATING  TO  ELECTIONS. 


PRIMARY  ELECTION. 


Voting,  after 
objection   made. 


Voting,  after 
a  change 

In  party. 


Voting  at  cer- 
tain polling 
place. 


Voting,  when 
not  a  citizen. 


Voting   more 
than    once. 


Voting,   not 
a  resident. 


Voting  under 
false  name,  etc. 


Impersonating 
another  . 


Falsely   signing 
certain    papers. 


Section  13326.  Whoever  casts  a  ballot  at  a  primary 
election  after  objection  has  been  made  and  sustained  to 
his  vote,  shall  be  fined  not  less  than  fifty  dollars  nor  more 
than  two  hundred  dollars  or  imprisoned  not  less  than  ten 
days  nor  more  than  sixty  days,  or  both.  (R.  S.  Sec. 
7043.) 

Section  13327.  Whoever  votes  at  a  primary  election, 
not  having  voted  at  the  last  general  election,  held  in  an 
even-numbered  year,  with  the  political  party  with  which 
he  desires,  or  offers,  to  vote  at  such  primary  election, 
unless  he  is  a  first  voter,  or  did  not  vote  at  such  general 
election,  shall  be  fined  not  less  than  one  hundred  dollars 
nor  more  than  three  hundred  dollars  or  imprisoned  in  the 
penitentiary  for  one  year,  or  both.     (97  v.  107  §  1.) 

Section  13328.  Whoever  votes  at  a  primary  election 
at  a  place  other  than  at  the  polling  place  in  the  precinct 
wherein  he  resides,  shall  be  fined  not  less  than  one  hundred 
dollars  nor  more  than  three  hundred  dollars  or  imprisoned 
in  the  penitentiary  for  one  year,  or  both.     (97  v.  107  §  1.) 

Section  13329.  Whoever,  not  being  a  citizen  of  the 
United  States,  votes  at  a  primary  election  shall  be  fined  not 
less  than  fifty  dollars  nor  more  than  two  hundred  dollars  or 
imprisoned  in  jail  not  less  than  ten  days  nor  more  than 
sixty  days,  or  both.    (R.  S.  Sec.  7043.) 

Section  13330.  Whoever  votes  more  than  once  at 
the  same  primary  election,  shall  be  imprisoned  in  the  peni- 
tentiary not  less  than  one  year  nor  more  than  five  years. 
(99v.  223§38;97  V.  107  §  1.) 

Section  13331.  Whoever  votes  at  a  primary  election 
not  being  an  elector  resident  of  the  precinct,  ward  or  town- 
ship in  which  he  votes,  shall  be  fined  not  less  than  one  hun- 
dred dollars  nor  more  than  three  hundred  dollars  or  im- 
prisoned in  the  penitentiary  for  one  year,  or  both.  (97  v. 
107  §  1.) 

Section  13332.  Whoever  votes  or  attempts  to  vote, 
or  tenders  to  the  judge  of  election,  for  deposit  in  the  ballot 
box,  a  ticket  at  a  primary  election  knowing  that  he  is  not 
a  qualified  elector,  or  votes  under  an  assumed  or  false  name, 
shall  be  imprisoned  in  the  penitentiary  not  less  than  one 
year  nor  more  than  three  years.    (99  v.  223  §  36.) 

Section  13333.  Whoever  personates  another  for  the 
purpose  of  voting,  or  attempts  to  vote  at  a  primary  election 
by  claiming  or  assuming  the  name  or  place  of  an  elector, 
shall  be  imprisoned  in  the  penitentiary  not  less  than  one 
year  nor  more  than  five  years.     (99  v.  223  §  36.) 

Section  13334.  Whoever,  with  intent  to  defraud  or 
deceive,  writes  or  signs  the  name  of  another  person  to  any 
document,  nomination  paper  or  book,  authorized  or  re- 
quired by  the  laws  relating  to  primary  elections,  shall  be 


OFFENSES  RELATma  TO  ELECTIONS. 


291 


PRIMARY  ELECTION. 


guilty  of  forgery  and  be  imprisoned  in  the  penitentiary 
not  less  than  one  year  nor  more  than  three  years.  (99  v. 
223  §  36.) 

Section  13335.  Whoever  votes  or  attempts  to  vote 
at  the  primary  election  of  a  political  party  other  than  the 
political  party  with  which  he  has  affiliated  as  defined  by  law, 
shall  be  fined  not  less  than  fifty  dollars  nor  more  than 
five  hundred  dollars  or  imprisoned  in  jail  not  less  than 
three  months  nor  more  than  six  months,  or  both.  (99  v. 
223  §  37.) 

Section  13336.  Whoever  attempts  to  intimidate  an 
elector  or  a  supervisor  or  judge  of  an  election  held  under 
the  laws  relating  to  primary  elections  or  interferes  with  or 
disturbs  such  election,  shall  be  fined  not  more  than  one 
hundred  dollars  and  imprisoned  not  less  than  twenty  days 
nor  more  than  thirty  days.    (R.  S.  Sec.  7040.) 

Section  13337.  Whoever,  being  a  supervisor  or  judge 
of  a  primary  election,  willfully  omits  a  duty  imposed  upon 
him  by  law,  shall  be  fined  not  less  than  fifty  dollars  nor 
more  than  two  hundred  dollars  or  imprisoned  in  jail  not 
less  than  ten  days  nor  more  than  sixty  days,  or  both.  (R. 
S.  Sec.  7043.) 

Section  13388.  Whoever  wilfully  refuses  or  neglects 
to  perform  a  duty  prescribed  by  the  laws  regulating  the 
conduct  of  primary  elections,  for  which  no  other  penalty 
is  provided  by  law,  shall  be  fined  not  less  than  five  dollars 
nor  more  than  fifty  dollars  or  imprisoned  in  the  county 
jail  not  less  than  five  days  nor  more  than  thirty  days,  or 
both.    (99  V.  223  §  29.) 

Section  13339.  Whoever,  having  been  duly  sub- 
poenaed or  ordered  to  appear  before  a  grand  jury,  court, 
board  or  officer  in  a  proceeding  or  prosecution  upon  com- 
plaint, information,  affidavit  or  indictment,  for  an  offense 
under  the  laws  relating  to  primary  elections,  fails  so  to  do, 
or  having  appeared,  refuses  to  answer  a  question  pertinent 
to  the  matter  under  inquiry  or  investigation,  or  refuses  to 
produce,  upon  reasonable  notice,  any  material,  books, 
papers,  documents  or  records  in  his  possession  or  under  his 
control,  shall  be  fined  not  less  than  one  hundred  dollars  nor 
more  than  five  thousand  dollars  and  imprisoned  in  jail  not 
less  than  thirty  days  nor  more  than  six  months.  (99  v.  224 
§44.) 

Section  13340.  In  a  proceeding  or  prosecution 
brought  under  the  laws  relating  to  primary  elections,  if  a 
person  is  called  to  testify,  he  shall  be  required  to  testify 
to  all  facts  of  which  he  has  knowledge,  and  the  fact  that 
he  has  so  testified  shall  forever  be  a  bar  to  a  prosecution 
brought  against  him  for  violating  such  laws  as  to  such  mat- 
ters to  which  he  may  have  testified.  (99  v.  224  §  44;  97 
V.  107  §  3.) 


Voting  with 
wrong  polit- 
ical   party. 


Intimidating 
elector. 


Omission    of 
duty  by  super- 
Tlsor,  or  ludge. 


Official  refuslsng 
to  perform  duty. 


Befuslng  to 

testify. 


Witness  testi- 
fying exempt. 


292 


OFFENSES  RELATING  TO  ELECTIONS. 

MISCELLANEOUS. 


Penalty  for  false 
afiQdavit  verify- 
ing  petitions. 


Penalty  for  in- 
terfering with 
privileges  of  an 
elector  on 
election    day. 


Deceiving 
elector   who 
cannot  read. 


Attempting  to 
speak  to  a  per- 
son within  the 
guard  rail. 


Hindering 
another  from 
voting. 


Printing  or  post- 
ing anonjmious 
attacks  on  can- 
didates. 


Section  12842.  Whoever,  either  orally  or  in  writing 
on  oath  lawfully  administered,  wilfully  and  corruptly  states 
a  falsehood  as  to  a  material  matter  in  a  proceeding  before 
a  court,  tribunal  or  officer  created  by  law,  or  in  a  matter  in 
relation  to  which  an  oath  is  authorized  by  law,  including  an 
oath  taken  by  any  person  making  any  affidavit  required  for 
verifying  or  filing  a  nominating,  initiative,  supplementary 
or  referendum  petition,  or  part  thereof,  is  guilty  of  perjury 
and  shall  be  imprisoned  in  the  penitentiary  not  less  than 
one  year  nor  more  than  ten  years.     (104  v.  7.) 

Section  12949.  Whoever,  being  an  employer,  his  of- 
ficer, or  agent,  discharges  an  elector  because  he  fails  or  re- 
fuses to  labor  on  the  first  Tuesday  after  the  first  Monday 
in  November,  between  the  hours  of  twelve  o'clock  noon, 
central  standard  time,  and  five-thirty  o'clock  p.  m.  central 
standard  time,  or  requires  or  orders  any  elector  in  his  em- 
ploy to  accompany  him  to  a  voting  place  upon  such  day, 
or  who  refuses  to  permit  such  election  to  serve  as  an  election 
official  on  any  election  day,  shall  be  fined  not  more  than 
twenty-five  dollars.    (103  v.  94.) 

Section  13341.  Whoever  furnishes  a  ballot  to  an 
elector  who  cannot  read,  informing  him  that  it  contains  a 
name  different  from  those  which  are  written  or  printed 
thereon,  with  intent  to  induce  him  to  vote  contrary  to  his 
inclination,  shall  be  imprisoned  in  the  penitentiary  not  less 
than  one  year  nor  more  than  three  years.  (R.  S.  Sec. 
7054.) 

Section  13342.  Whoever,  at  an  election,  speaks  or  at- 
tempts to  speak  to  a  person  while  within  the  guard  rail, 
except  as  provided  by  law,  shall  be  fined  not  less  than 
twenty-five  dollars  nor  more  than  five  hundred  dollars  or 
imprisoned  in  jail  not  more  than  six  months,  or  both.  (89 
V.  450  §  20.) 

Section  13343.  Whoever  wilfully  hinders  or  delays 
an  elector  from  voting  at  an  election,  shall  be  fined  not 
less  than  one  hundred  dollars  nor  more  than  one  thousand 
dollars  or  imprisoned  in  jail  not  more  than  one  year,  or 
both.    (89  V.  449  §  28.) 

Section  13343-1.  Whoever  writes,  prints,  posts  or  dis- 
tributes, or  causes  to  be  written,  printed,  posted  or  dis- 
tributed, a  circular  or  advertisement  which  is  designed  to 
promote  the  election  of  a  candidate,  or  to  injure  or  defeat 
any  candidate  for  election  at  any  primary  or  any  general 
election,  or  to  influence  the  voters  in  any  primary  or  any 
general  election,  or  to  influence  the  voters  on  any  constitu- 
tional amendment,  unless  there  appears  on  such  circular  or 
poster,  or  advertisement,  in  a  conspicuous  place,  either  the 
names  of  the  chairman  or  secretary,  or  of  two  officers  of  the 
organization  issuing  the  same,  or  of  some  voter  who  is  re- 
sponsible therefor  with  his  name  and  address,  shall  be 
guilty  of  a  misdemeanor  and  shall  be  fined  not  less  than  one 


OFFENSES  RELATING  TO  ELECTIONS. 


293^ 


MISCELLANEOUS. 


hundred  dollars,  nor  more  than  one  thousand  dollars,  or 
imprisoned  not  more  than  one  year,  or  both.     (106  v.  350.) 

Section  13344.  Whoever,  within  the  boundaries  of  a 
municipality  and  within  one  hundred  feet  of  the  polling 
place  of  an  election,  loiters  upon  the  streets,  alleys  or  side- 
walks during  the  receiving  and  counting  of  the  ballots  or 
hinders  or  delays  an  elector  in  reaching  or  leaving  the  place 
fixed  for  the  casting  of  such  ballots  shall  be  fined  not  less 
than  five  dollars  nor  more  than  one  thousand  dollars  or  im- 
prisoned in  jail  not  less  than  five  days  nor  more  than  thirty 
days  or  both.  The  judges  of  election  may  order  the  arrest 
of  a  person  violating  this  section,  but  such  arrest  shall  not 
prevent  such  person  from  voting  if  entitled  so  to  do.  (R. 
S.  Sec.  2938.) 

Section  13345.  Whoever,  during  an  election,  wilfully 
removes  or  destroys  any  of  the  supplies  or  conveniences 
furnished  to  enable  a  voter  to  prepare  his  ballot,  shall  be 
fined  not  less  than  one  hundred  dollars  nor  more  than  one 
thousand  dollars  or  imprisoned  in  jail  not  more  than  one 
year,  or  both.     (89  v.  449  §  28.) 

Section  13346.  Whoever,  wilfully  destroys,  defaces 
or  conceals  a  lawful  certificate  or  statement  of  the  result  of 
an  election  entrusted  to  him  or  his  care  for  delivery,  shall 
be  imprisoned  in  the  penitentiary  not  less  than  two  years 
nor  more  than  five  years.     (R.  S.  Sec.  2926w.) 

Section  13347.  Whoever  makes,  issues,  utters  or  pub- 
lishes a  false  certificate,  statement  or  proclamation  of  the 
result  of  an  election,  knowing  it  to  be  false,  shall  be  im- 
prisoned in  the  penitentiary  not  less  than  two  years  nor 
more  than  five  years.     (R.  S.  Sec.  2926w.) 

Section  13348.  Whoever  wilfully  mars,  damages  or 
destroys  a  register  of  electors,  or  a  portion  thereof,  shall  be 
fined  not  less  than  twenty-five  dollars  nor  more  than  one 
hundred  dollars  or  imprisoned  in  the  county  jail  not  more 
than  fifteen  days,  or  both.    (R.  S.  Sec.  2926e.) 

Section  13349.  Whoever,  falsely  makes  or  wilfully 
defaces  or  destroys  a  certificate  of  nomination,  nomination 
paper  or  part  thereof  or  a  letter  of  withdrawal,  or  signs 
such  certificate  or  paper  contrary  to  law,  or  files  a  certifi- 
cate of  nomination,  nomination  paper  or  letter  of  with- 
drawal, knowing  it  or  part  thereof  to  be  falsely  made,  or 
suppresses  a  certificate  of  nomination  or  nomination  paper, 
or  part  thereof,  which  has  been  duly  filed,  shall  be  fined  not 
less  than  one  hundred  dollars  nor  more  than  one  thousand 
dollars  or  imprisoned  in  jail  not  more  than  one  year,  or 
both.     (89  V.  440  §  28.) 

Section  13350.  Whoever,  from  the  time  ballots  are 
cast  or  voted  until  the  time  has  expired  for  using  them  as 
evidence  in  a  contest  of  election,  wilfully  and  with  fraudu- 
lent intent,  inscribes,  writes  or  causes  to  be  inscribed  or 
written  in  or  upon  a  poll-book,  tally-sheet  or  list,  lawfully 


Loitering,  etc. 
near  polls. 


Removing  or  de- 
stroying elec- 
tion supplies. 


Destroying  cer- 
tificate of  elec- 
tion result. 


Publishing  false    i 
statement  of 
election  results. 


Damage  to  or  i 
destruction  of  i 
registers.  J 


Destroying  cer- 
tificate of  nom- 
ination, etc. 


Fraudulent  writ- 
ing on  poll 
books  or  tally 
sheets. 


2d4 


OFFENSES  RELATING  TO  ELECTIONS. 


MISCELLANEOUS. 


Absent  voter's 
ballot ;    penalty 
for  offenses  re- 
lating   thereto. 


Destroying  bal- 
lot box,  ballots 
or  poll  books. 


Unlawfully  ob- 
taining or  at- 
tempting to  ob- 
tain ballot  box 
or    ballots. 


Possession   of 
forged  or  altered 
poll-books,  etc. 


made  or  kept  at  an  election,  or  in  or  upon  a  book  or  paper 
purporting  to  be  such,  or  upon  an  election  return,  or  upon 
a  book  or  paper  containing  such  return,  the  name  of  a  per- 
son not  entitled  to  vote  at  such  election  or  not  voting  there- 
at, or  a  fictitious  name,  or,  within  such  time,  wrongfully 
changes,  alters,  erases  or  tampers  with  a  name,  word  or 
figure  contained  in  such  poll-book,  tally-sheet,  list-book  or 
paper,  or  falsifies,  marks  or  writes  thereon  with  intent  to 
defeat,  hinder  or  prevent  a  fair  expression  of  the  will  of 
the  people  at  such  election,  shall  be  imprisoned  in  the  peni- 
tentiary not  less  than  one  year  nor  more  than  three  years. 
(R.  S.  Sec.  7061.) 

Section  13350-1.  Whoever  impersonates  another  or 
makes  a  false  representation  in  order  to  obtain  an  absent 
voter's  ballot,  or  knowingly  connives  to  help  a  person  to 
vote  an  absent  voter's  ballot  illegally,  or  being  a  member  or 
officer  of  any  board  of  deputy  state  supervisors  of  elections 
opens,  destroys,  steals,  marks  or  mutilates  any  absent  voter's 
ballot  or  aids  or  abets  another  to  do  so  after  the  same  has 
been  voted,  or  delays  in  delivering  such  ballots  to  the 
proper  officers  of  elections  with  a  view  to  prevent  said  bal- 
lots arriving  in  time  to  be  counted  or  in  any  manner  aids 
or  attempts  to  aid  any  person  to  vote  an  absent  voter's  bal- 
lot unlawfully,  or  hinders  or  attempts  to  hinder  a  duly  qual- 
ified elector  from  voting  an  absent  voter's  ballot,  or  hinders 
or  attempts  to  hinder  any  official  from  delivering  or  count- 
iny  any  absent  voter's  ballot,  shall  be  guilty  of  a  felony  and 
shall  be  imprisoned  in  the  penitentiary  for  not  less  than  one 
mv  more  than  five  years.     (107  0.  L.  52.) 

Section  13351.  Whoever,  from  the  time  ballots  are 
cast  or  voted  until  the  time  has  expired  for  using  them  as 
evidence  in  a  contest  of  election,  unlawfully  destroys  or  at- 
tempts to  destroy  a  ballot  box  or  poll-book  used  at  an  elec- 
tion, or  destroys,  falsifies,  marks  or  writes  on  a  ballot  cast 
or  voted  or  changed,  alters,  erases  or  tampers  with  a  name 
on  a  ballot  cast  or  voted,  shall  be  imprisoned  in  the  peni- 
tentiary not  less  than  one  year  nor  more  than  five  years. 
(R.  S.  Sec.  7060.) 

Section  13352.  Whoever,  at  an  election,  unlawfully, 
either  by  force,  fraud  or  other  improper  means,  obtains  or 
attempts  to  obtain  possession  of  a  ballot  box  or  ballots 
therein  deposited,  while  the  voting  at  such  election  is  going 
on  or  before  the  ballots  therein  are  lawfully  taken  out  and 
enumerated  by  the  judges  of  election,  shall  be  imprisoned 
in  the  penitentiary  not  less  than  one  year  nor  more  than 
three  years.     (R.  S.  Sec.  7059.) 

Section  13353.  Whoever  has  in  his  possession  a 
falsely  made,  altered,  forged  or  counterfeited  poll-book, 
tally-sheet,  list  or  election  return  of  an  election,  knowing  it 
to  be  such  with  intent  to  hinder,  defeat  or  prevent  a  fair 
expression  of  the  popular  will  at  such  election,  shall  be  im- 


OFFENSES  RELATING  TO  ELECTIONS.  295 

MISCELLANEOUS. 

prisoned  in  the  penitentiary  not  less  than  one  year  nor  more 
than  three  years.     (R.  S.  Sec.  7062.) 

Section  13354.     Whoever,  being  one  of  two  or  more   judgeg  may 
persons  congregating  in  or  about  a  voting  place,  during  the   J[^*prSt°\o 
receiving  of  ballots,  so  as  to  hinder  or  delay  an  elector  in   disperse, 
casting  his  ballot,  having  been  ordered  by  the  judges  of 
election  to  disperse,  refuses  so  to  do,  shall  be  fined  not  less 
than  twenty  dollars  nor  more  than  three  hundred  dollars 
or  imprisoned  in  jail  not  more  than  six  months,  or  both. 
The  judges  of  election,  upon  complaint  being  made  that 
such  persons  are  so  hindering  or  delaying  an  elector,  and 
being  satisfied  that  there  are  substantial  grounds  for  such 
complaint,  shall  order  such  persons  to  disperse.     (R.  S. 
Sec.  2951.) 

Section  13355.    Whoever,  being  a  deputy  state  super-   violation  or 
visor  of  elections,  or  clerk  of  such  deputy  supervisors,  upon   fomanci^or*^" 
whom  a  duty  is  imposed  by  law,  wilfully  or  negligently  vio-   J^^^j^^Jq  ^^^^^^ 
lates  or  neglects  to  perform  such  duty,  or  wilfully  performs  their^cieS.  °' 
it  in  such  a  way  as  to  hinder  the  objects  of  the  law,  or  wil- 
fully disobeys  any  law  incumbent  on  him,  shall  be  fined  not 
less  than  one  hundred  dollars  nor  more  than  one  thousand 
dollars  or  imprisoned  in  jail  not  more  than  one  year,  or 
both.     (89  v.  460  §  9.) 

Section  13356.  Whoever,  being  an  official  upon  whom  same  by  pubii« 
a  duty  is  imposed  by  an  election  law,  wilfully  or  negli- 
gently violates  or  neglects  to  perform  such  duty,  or  wil- 
fully performs  it  in  such  a  way  as  to  hinder  the  object 
thereof,  or  wilfully  disobeys  such  election  laws,  for  which 
no  specific  penalty  has  otherwise  been  provided,  shall  be 
find  not  less  than  fifty  dollars  nor  more  than  one  thousand 
dollars  or  imprisoned  in  jail  not  more  than  one  year,  or 
both.     (89  V.  450  §  31.) 

Section  13357.  Whoever,  being  a  sheriff,  constable,  ^^iiure  of 
policeman,  officer  of  the  peace,  or  by-stander  at  an  elec-  Stey  order  "of 
tion,  fails  to  forthwith  obey  and  aid  in  enforcing  a  lawful  eif^^tiSn.** 
order  of  the  judges  at  an  election  in  relation  to  persons  who 
congregate  or  loiter  within  one  hundred  feet  of  a  polling 
place  of  an  election  or  place  of  registration  of  electors,  or 
in  relation  to  the  hindering  or  delaying  of  an  elector  in 
reaching  or  leaving  such  place,  or  in  relation  to  the  giving, 
tendering  or  exhibiting  of  a  ballot  or  ticket  to  a  person  other 
than  a  judge  of  election  within  one  hundred  feet  of  a  poll- 
ing place,  or  in  relation  to  the  soliciting  or  attempting  to 
influence  an  elector  as  to  the  casting  of  his  vote,  within 
one  hundred  feet  of  a  polling  place,  shall  be  fined  not  less 
than  twenty  dollars  nor  more  than  one  thousand  dollars  or 
imprisoned  in  the  county  jail  not  less  than  thirty  days  nor 
more  than  one  year  or  both.    (R.  S.  Sees.  2926f,  2938.) 

Section  13358.    Whoever,  being  a  delegate  or  com-   Delegate  or 
mitteeman  chosen  at  an  election  provided  for  by  the  laws   committeeman 

,,.  .  .  ^      1'  •  •  giving    proxy. 

relating  to  primary  elections,  gives  or  issues  a  proxy  or 


296 


OFFENSES  RELATING  TO  ELECTIONS, 


MISCELLANEOUS. 


Acting   or   vot- 
ing in   place 
of   delegate    or 
committeeman. 


When  prosecu- 
tions must  be- 
gin. 


authority  to  another  person  to  act  or  vote  in  his  stead,  shall 
be  fined  not  less  than  twenty  dollars  nor  more  than  one 
hundred  dollars  and  imprisoned  not  less  than  five  days  nor 
more  than  thirty  days.     (99  v.  223  §  40.) 

Section  13359.  Whoever  acts  or  votes  in  place  of  a 
delegate  or  committeeman  chosen  at  an  election  provided 
for  by  the  law  relating  to  primary  elections,  shall  be  fined 
not  less  than  twenty  dollars  nor  more  than  one  hundred  dol- 
lars and  imprisoned  not  less  than  five  days  nor  more  than 
thirty  days.     (99  v.  223  §  40.) 

Section  13360.  All  prosecutions  under  this  chapter 
must  be  commenced  within  two  years  after  the  commission 
of  the  act  complained  of.    (98  v.  227  §  35 ;  R.  S.  Sec.  7066.) 


INDEX. 


Page. 

ABSTRACT  OF  VOTES 145-154 

County  officers  and  members  of  the  general  assembly 146 

Duplicate,  what  made  in 147 

Opening  and  canvassing  of 147-148 

Presidential  electors  147 

State,   judicial   and   county   officers,   representatives  in   congress   and 

members  of  the  general  assembly 145-147 

United  States  Senator 146 

ADHESIVE  SLIPS— 

Vacancy  after  printing  of  ballots,  in  case  of 108 

ALIEN— 

Naturalization    of,    procedure 6-23 

ANONYMOUS  ATTACKS— 

Printing,    posting,    etc.,    against    candidate    or    questions    submitted, 

unlawful    _  292 

AFFIDAVIT— 

False,   verifying  petitions 292 

AGRICULTURAL  AGENT— 

Commissioners  may  be  required  to  make  provisions  for 182 

Submission  of  question  of  employing 182 

Form  of  ballot 182 

AMENDMENT— 

Constitutional;  manner  of  submission 112 

Constitutional ;  return  of  votes  cast  for  or  against ;  abstract  and  can- 
vass of  votes,  etc 112,153 

Form  of  ballot 112 

Return  of  constitutional,  certified  within  10  days 153 

ANNEXATION— 

Municipal  corporation,  one  to  another ;  election  on  question  of 220 

APPORTIONMENT— 

Delegates  and  alternates 86 

County  central  committees,  by 88 

District  committees,   by 88 

State  committees,  by 86 

ARREST— 

Electors,  when  privileged  from 24 

Loitering  near  polls,  for 293 

BALLOT— 

Absent  Voters — 

Appication    for  _ 131 

Delivery,  casting  and  counting 131-137 

Form    and   preparation   of 113,114 

Arrangement  of  tickets  on 111 

Assistance  in  marking 131 

Bonds  for  enlarging,  improving  or  extending  natural  gas  works,  in 

submission  of  question  of  issue  of 228 

(297) 

•11— E.  L. 


298  INDEX. 

BALLOT— Continued.  Page. 
Bonds  for  township  and  municipal  purposes,  in  submission  of  question 

of  issue  of 203,229 

Burned,  when 140 

Canvassing,  entering  and  enumerating,  manner  of 75, 76, 139-140 

Casting  of — 

Folding  of,  by  elector 130 

Receipts  and  deposit  of,  by  election  officer 130 

Secondary  stub,  detaching  and  examination  of 130 

Counted  when  not  to  be,  for  certain  office 128 

Counting  of,  in  cities  having  registration 75 

County  hospital  194 

Custody  or  delivery  of,  offense  pertaining  to;  penalty 282 

Deceiving  an  elector  who  cannot  read ;  penalty 281, 292 

Delivery  of,  to  election  officers : 117 

Deposited  and  counted 130 

Destroying;   penalty 280,281 

Destroying,  defacing,  removing,  hindering  delivery,  etc. ;  penalty 281 

Destruction  of  excess 75, 138, 140 

Device  to  designate  party  candidate 109 

Disputed,  preservation  of 140 

Distributing  or  having  in  polling  room,  prohibited 74 

Elections,  shall  be  by 24 

Extra  and  unofficial 118 

Form  and  contents  of 111-116 

Fraudulent  — 139 

Fraudulent  voting  231 

Group  of  candidates,  arrangement  of 112, 116 

Interference  with  electors  in  casting 281,292 

Loitering  near  polls,  during  receiving  and  counting  of,  etc 63, 293 

Lost  or  destroyed,  replacing  of 118 

Marking   or   printing,    distributing   or   voting   unlawfuly   written    or 

printed  282 

Misleading  voter  or  disclosing  how  he  voted;  penalty 284 

Nonpartisan,   judicial   121 

Packages,  sealing,  indorsement  and  delivery  of 117 

Percent  of,  written  on  required  to  nomina-te  at  primary 98 

Permitting  unlawful,  in  ballot  box;  penalty , 282 

Preparation  and  casting  of 127-137 

Offenses  pertaining  to ^ 280 

Preparation  of — 

Marking,  rules  for — 

Assistance  of  judges 131 

Black  lead  pencil,  all  marks  to  be  by 127 

Mixed  ticket  127 

Number  of  ballots  to  which  elector  entitled 127 

Question,   submission  of 128 

Straight   ticket   127 

Substitution  of  name  of  person  not  on  ticket 129 

Surplus  marks   (note) 129 

Voting  shelves;  as  to  occupancy  of 127 

When  two  or  more  persons  to  be  elected  to  same  office 128 

Preservation  of  all  ballots 140 

Presidential  electors,  separate  for 111 

Primaries,  at,  how  names  placed  on 88,95 

Printing  of,  publication  of  notice  of  bids ;  contracts  for 41, 120 

Printing  or  use  of,  offenses  pertaining  to ;  penalty 280 

Proof,  submission  of 117 

Question,  separate  in  case  of  submission  of 113 

School  elections,  in;  how  printed 116 

Sealing,  indorsement  and  delivery 41, 117 

Secondary  stubs ;  detaching,  examination  and  destruction  of 130 

Substitution  when  no  nomination  made  or  name  of  nominee  omitted; 

marking  in   such   case 102, 129 

Supplies,  removing  or  destroying;  penalty 281,293 

Technicalities,  disregard  of 129 


INDEX.  299 

BALLOT— Concluded.  Pace. 

Unlawful  to  have,  in  polling  room 281 

Unlawfully  obtaining  or  attempting  to  obtain  possession  of;  penalty—  294 

United  States  Senatori,  nomination  of 85 

Unofficial  count  certified  in  triplicate 140 

Unvoted,  destruction  of 138 

Return  of,  by  elector  to  election  officer 130 

Vacancy  after  printing  of,  how  filled 108 

BALLOT  BOX— 

Arrangement  of  74, 124 

Board  of  education,  separate,  in  election  for  members  of 116, 119 

Custodian  of  • 51, 119 

Custody    of    -jl,51 

Destroying;   penalty  294 

Inspection  of,  before  opening  of  polls,  etc 73,  \iS 

Judge   removing;  penalty 283 

Location  of,  on  election  day  in  cities 74 

Opening  of   . 75, 138 

Purchase  and  care  of . l 51,  59 

Separate,  in  case  of  submission  of  question 113 

Unlawfully  obtaining  or  attempting  to  obtain  possession  of ;  penalty..  294 

BOARD  OF  EDUCATION— 

Ballot,  how  to  be  printed 116 

Ballots  for,  in  election  precincts 116 

Candidates  for,  nominated  by  petition,  publication  of  list  of 103 

Centralization,  duty  in  relation  thereto 257 

City  districts  250 

Elections,  levy  for  expenses  of 120 

High  school,  official  district  for 260 

Return  and  canvass  of  votes  for  members  of 153 

Rural  districts 256 

Rural  districts,  abandonment  of 258 

School  house,  levy  of  tax  and  issue  of  bonds  for 259 

Schools,  submission  of  question  of  additional  levy  for 259 

Time  and  notice  of  election  of 47 

Village  districts  254 

Women ;  rights  of 55 

BOARD  OF  PARK  COMMISSIONERS 232 

BONDS— 

Aiding  construction  of  canal  or  waterway 199 

Deficiency — 

School  board  and  municipalities,  may  issue 249 

Submission  of  question 249 

Issue  of,  by  rapid  transit  commissioners —  231 

Municipal,  purposes  for  which  may  be  issued;  tax  for  redemption; 

submission  of  question   to  voters 227 

Schoolhouse,  submission  of  question  of  issue  of ^ —  259 

Township,  purposes  for  which  may  be  issued;  tax  for  redemption; 

submission  of  questions  to  voters 204-212 

BOOTHS  AND  GUARD-RAILS— 

Furnishings;  care,  arrangement;  number  of  voting  shelves,  etc 41,119 

BRIBERY- 

Delegates  or  electors;  penalty ■^/  ^ 

Disfranchisement  for _— 287 

Forfeiture  of  elective  franchise  by  reason  of  conviction  of 24 

Giving  bribe;  penalty ^7 

Competent  witness  in  prosecution  for ^ 

Forfeiture  of  office  for 'Sq 

Primary  election;  oflFering  bribes  to  voters  at;  penalty —  ^ 

Receiving  bribe ;  penalty 287 

Competent  witness  in  prosecution  for ^^^o 


300  •  INDEX. 

CANAL  OR  WATERWAY—  Page. 

Counties  may  aid  in  construction  of 198 

CANDIDATE— 

Anonymous  attacks  on,  printing  or  posting,  unlawful 292 

Bribery  of  delegate  or  elector;  penalty 287-289 

Expenditures  by;  amount  allowed 272 

Group  of,  arrangement  on  ballot 112, 116 

How  placed  on  ballot 111-117 

Ineligible  to  serve  as  judge  or  clerk 144 

Nominee  by  petition,  substitution  of,  unlawful 103 

Nominated  how  at  primaries _^_____ _ 84-88 

Nomination  of,  in  townships  and  municipalities  less  than  2,000 *  ,       103 

Other  political  party,  substitution  of 103 

Primary  election,  offering  bribe  at;  penalty 288 

Substitution  of  name  and  marking  of  ballot  when  regular  nominee 

omitted 129 

United  States  Senator,  nomination  of 85 

CANVASS— 

Abstracts  by  deputy  state  supervisors  of  election 145 

Board  of  education,  of  vote  for  members  of 153 

City  board  of  canvassers  of  Cincinnati 153 

Constitutional  amendment,  vote  on 112 

Judges  and  clerks  of  election,  by 134, 145 

Justices  of  the  peace,  of  vote  for_ 151 

Loitering  near  polls  during 63,  292 

Municipalities,  of  vote  in 151 

Municipal  officers,  of  vote  for 151 

Presidential  electors,  of  returns  for 147 

Primary  elections,  of  result  of 97 

Special  election,  of  vote  of  certaih  officers  at 149, 150 

Township  officers,  of  vote  for 151 

CARDS  OF  INSTRUCTION— 

Custody  or  delivery  of,  offense  pertaining  to;  penalty 280-282 

Defacing,  removing,  etc. ;  penalty 281,  293 

Delivery  of,  to  election  officers 117 

Forms  of 119 

Lost  or  destroyed,  replacing  of 118 

Placed,  where  to  be 118 

Printing  of,  publication  of  notice  of  bids  for;  contracts,  etc 41, 120 

CERTIFICATE  OF  ELECTION— 

Congress,    members    of 148, 149 

County  officers  and  members  of  the  general  assembly 150 

Deputy  state  supervisors  to  issue 41, 151 

Districts,  ofifcers  in 149 

Presidential  electors  147 

Special  election,  of  certain  officers  at 149, 150 

CERTIFICATE  OF  ELECTORS— 

Form  of 92 

When  and  where  filed 85-94 

CERTIFICATE  OF  NOMINATION— 

Committee  to  fill  vacancy  named  in 103 

Contents  of,  etc 104 

Defect  in,  manner  of  correcting 108 

Device  to  designate  party  candidates 109 

District,  decision  of  question  as  to 106 

Filing  of;  validity  of,  etc 41,105 

Objections  to  validity 106 

Offenses  pertaining  to  ;  penalty II II_I  293 

Preservation  and  inspection  of 106 

Transmission  of  certified  copies  of 109 


INDEX.  301 

CHALLENGE—  Page. 

Challenges;  party  designation,  rights,  privileges  and  oath 73,96,124 

Elector   may,   when 74, 124 

Judges  of  elections  shall,  when 124 

Proceedings  of  judges  upon 125 

Oath  of  challenged  person—. 67,97,124 

Primary  election,  at 96,97 

Questions  to  be  put  by  judges 125 

Registration  law,  under 65, 67, 73,  74, 75, 94 

Rejection   of   vote 126 

"Sworn,"  entry  of,  on  poll-book 126 

Who  may 124 

CHIEF  DEPUTY 35,39 

CHIEF  SUPERVISOR  33 

CHILDREN— 

Born  abroad,  as  to  citizenship  of 5 

CINCINNATI— 

Council  of,  provisions  relating  to 239 

Municipal  court   241 

Time  of  election  of  judges  of  Superior  Court  of , 47 

CITIZENSHIP 

Ohio  constitution,  qualifications  under 24 

Forfeiture  of  citizenship 24 

Nominations  of  elective  officers  by  direct  vote 24 

United  States  Laws — 

Children  born  abroad 5 

Citizens,  who  are 5 

Expatriation,  right  of,  declared 6 

Forfeiture  of,  under  U.  S.  law .1 5 

Exemption  from  forfeiture,  certain  soldiers  and  sailors 5 

Naturalized  citizens,  protection  of,  in  foreign  countries 5 

Race,  color,  or  previous  condition  not  to  afifect  right  to  vote 5 

Persons  born  in  territory  of  Oregon 5 

Provisions  of,  as  to  married  women 5 

CLERKS  OF  ELECTION— 

Appointment;  term;  apportionment  politically;  vacancy,  removals 51-54 

Ballot- 
Canvassing,  entering  and  enumerating,  manner  of 138-140 

Preparation  and  casting  of 127-131 

Result,  certified  copies  of,  in  triplicate 139 

Candidate  ineligible  to  serve 144 

Compensation 54,80,81, 101, 118 

Misconduct  of;  penalty 282 

Misleading  voter  or  disclosing  how  he  voted;  penalty 282 

Oath  of  53 

Period  during  which  shall  not  separate  nor  leave  polling  place  under 

penalty    - 75, 143 

Power  of,  to  administer  oath___ 54 

Primary  election,  selection,  duties 95-100 

Registration,  in  cities  having — 

Appointment;  term;  qualification;   oath 59-61 

Certificate   of  appointment 62 

Certificate  of  poll-book 77 

Compensation;  how  paid _ 81 

Examination,  appearance  for;  penalty  for  failure  to  appear,  or 

refusal  or  neglect  to  qualify 61,286 

Proceedings  upon  close  of  polls 75 

Removal 61 

Substituted,  on  election  day ;  notice  of  appointment 61 

Vacancy 61 


302  INDIX. 

CLERKS  OF  ELECTION— Concluded—  Page. 

Removal  of r-.-:;--- r 7'r — -r  ^^'  ^^ 

Return  of  vote  for  township  and  municipal  officers,  members  of  boards 

of  education  and  justices  of  the  peace 151-153 

Return  of  vote  on  constitutional  amendments 154 

Returns,  tally-sheets  and  poll-books,  making,'  transmission  and  pres- 
ervation of ,--. r —  ^^^ 

Supplies  for  conducting  elections;  offenses  pertaining  to  custody  or 

delivery  of;  penalty 281,293 

"Sworn,"  when  to  enter  word  on  poll-book 126 

Term    S3 

Vacancy,  failure  to  appear ^  'i5i 

Votes  cast,  certification  of,  in  triplicate 139 

CLERKS  OF  MUNICIPALITY— 

Ballot  boxes,  duty  as  to 51 

Booths,  guard  rails,  etc.,  duty  as  to 119 

Canvass  of  vote  for  municipal  officers-- . — . —  151 

Expenses  of  elections  in  municipality  situated  in  two  or  more  counties, 

apportionment  of 120 

CLEVELAND— 

Municipal  court  of 243 

COLOR— 

Right  to  vote,  not  to  affect 6 


COLUMBUS—  ■ 

Municipal  court  of - 242  | 

COMMITTEE—  | 

Controlling,   how    elected— 84,88  1 

Delegates,  how  apportioned- 86  j 

Composed  how 88  j 

Organization,  time  of .; 89  | 

Term 89 

Vacancies 89  j 

COMMITTEEMEN—  ' 

Challenger  appointed  by 73,96, 124 

Certificate  of  election  to 98  ' 

List  of,  filed  with  State  Supervisor 99  , 

CONGRESS—  ; 

Abstract  of  votes  for  candidates  for 146-148 

Candidate  for,  how  nominated 89  ] 

Representative  in,  election  and  term  of;  vacancy 45  ; 

Nominations  for,  by  primary 89  i 

CONSTABLE-  < 

Loitering  near  polls,  duty  as  to 63 

Notice  of  regular  township  election,  to  serve 47  \ 

Obey  and  aid  judges  of  election,  shall;  penalty 63,295 

CONSTITUTION—  ; 

Elective  franchise  under 24  ' 

Nomination  of  elective  officers 24 

Provisions  of,  relating  to  initiative  and  referendum  petitions 26 

CONSTITUTIONAL  AMENDMENT—  ! 

Manner  of  submission;  printing  of  ballots 112  i 

Returns  certified  to  State  Supervisor  within  10  days 153  I 

Return  and  canvass  of  vote  for  and  against 153  \ 

Initiative  petition,  may  be  proposed  by 26 


INDBX.  803 

CONTEST  OF  ELECTION—  Page. 

County  officers  160 

County  seat 161 

Judges  of  common  pleas  and  superior  courts 158 

Justices  of  the  peace 163 

Members  of  the  general  assembly 160 

Municipal  officers 165 

Presidential   electors 155 

Procedure  in,  on  questions  submitted  by  referendum 165 

State  officers,  supreme  and  courts  of  appeals  judges 157 

CONVENTION— 

Bribery  of  delegates  at;  penalty 287-289 

Nomination  of  presidential  electors  at  state 86 

Election  of  delegates  to  State  and  National 84,86 

Proxies,  unlawful  in 295 

CONVICT— 

Incompetent  to  be  an  elector  or  hold  office;   restoration  of  rights; 

penalty  24, 287 

CORPORATION— 

Political  contribution  by,  forbidden,  penalty 289 

CORRUPT  PRACTICES  ACT,  THE 263 

Hauling  soldiers  and  sailors  to  polls  not 50,270 

COUNCII^ 

Bonds,  municipal,  purposes  for  which  may  issue ;  tax  for  redemption ; 

submission  of  question  to  voters 229-233 

Levy  for  expenses  of  elections 120 

Places  for  holding  elections,  determined  by 49-50 

Registration  of  electors,  may  provide  for 82 

COUNTY  COMMISSIONERS— 

Levy  for  expenses  of  elections—- _ 41 

Notice  of  election  in  civil  townships,  to  give 202 

Organization  of  original  surveyed  townships,  duties  as  to 202 

COUNTY  ELECTION— 

Proclamation  and  time  of 44 

COUNTY  OFFICERS— 

Contest  of  election 160 

Certificate  of  election  and  abstract  of  votes 150 

Election  of,  proclamation  and  time  of 44 

Tie  vote  for,  to  be  determined  by  lot 150 

COURT— 

Consolidation  of  probate  and  common  pleas 183 

Criminal  court  of  Lorain 240 

Municipal  court  of  Alliance.- 247 

Municipal  court  of   Cincinnati 241 

Municipal  court  of  Cleveland 243 

Municipal  court  of   Columbus 242 

Municipal  court  of  Dayton 245 

Municipal  court  of  Hamilton 246 

Municipal  court  of  Middletown 247 

Municipal  court  of  Sandusky 248 

Municipal  court  of  Toledo 248 

Municipal  court  of  Youngstown 246 

Municipal  court   of  Zanesville 249 


304  INDEX. 

COURT  OF  APPEALS—  Page 

Abstracts  and  certificates  of  election  in_ 146 

Certificates  of  nomination  and  nomination  papers — 

Decision  of  questions  as  to 106, 107 

Defect  in,  manner  of  correcting 107 

Filing  41, 104 

Objections   to   ^ JOo 

Transmission  of  certified  copies 109 

CRIMES  AND  OFFENSES— 

Anonymous  attacks,  printing  or  posting 292 

Ballot- 
Custody  or  delivery  of,  offenses  pertammg  to 282 

Destroying   280-282,293 

Marking  or  printing,  distributing  or  voting  unlawfully  written  or 

printed  282 

Possession  of,  unlawfully  obtaining  or  attempting  to  obtain 281 

Preparation  and  casting  of,  offenses  pertaining  to 280 

Printing  or  use  of,  offenses  pertaining  to 282 

Ballot  box- 
Destroying    293, 294 

Possession  of,  unlawfully  obtaining  or  attempting  to  obtain 294 

Ballots,  blanks,  poll-books,  cards  of  instruction,  etc.,  offenses  pertain- 
ing to  custody  or  delivery  of 293-294 

Bribery^ 

Delegates   or  electors,  of ^ 287 

^  Giving  bribe,  competent  witness  in  prosecutions  for ;  forfeiture  of 

office  for . 287 

Receiving  bribe;  competent  witness  in  prosecution  for;  disfran- 
chisement for 287 

Clerks  of  election,  misconduct  of 282-286 

Misleading  voter,  or  disclosing  how  he  voted 282-286 

Corporation,  contributing  to  election  expenses 289 

Corrupt  practices  act 263 

Deceiving  an  elector  who  cannot  read 281, 291 

Deputy   state   supervisor   of   election   or   clerk,   violation,   neglect   or 

wrong  performance  of  duty,  or  disobedience  by 295 

Felony,  incompetency  of  person  convicted  of,  to  be  an  elector  or  hold 

office  287 

Forfeiture  of  elective  franchise  for 24,287 

Fraudulent  voting 279 

Hauling  soldiers  or  sailors  to  polls  not 50, 270 

Interfering  with  elector  in  casting  his  ballot 280-291 

Judges  of  election,  offenses  by... 282 

Misleading  voter,  or  disclosing  how  he  voted 284 

Loitering  near  polls 293 

Poll-book  and  tally  sheet — 

Custody  or  delivery  of,  offenses  pertaining  to 282 

Destroying   293 

Fraudulent  writing  on 293 

Possession  of  forged  or  altered,  with  fraudulent  intent 294 

False  affidavit  verifying  petition ;  penalty 292 

I.  &  R.  petitions ;  penalty  for  violation  of  act  safeguarding 278 

Primary  elections — 

Attempting  to  intimidate  electors  or  judges  at 291 

Bribes,  offering,  for  voters  at 288 

Omissions  of  duty  and  fraudulent  voting 289 

Proxies,  delegates  selected  giving 295 

Procuring  illegal  vote 279 

Procuring  an  elector  to  go  or  come  into  a  county  of  which  he  is  not 

a  resident  to  vote 279 

Prosecution  of  violations  of  election  laws 41,296 

Prosecutions,  time  within  to  be  commenced 278 

Public  officer,  violation,  neglect  or  wrong  performance   of   duty  or 

disobedience,  by  294,295 

Referendum,  penalties  for  misconduct  of  election  officials,  when  pro- 
posal submitted  by / 169 


INDEX. 


305 


CRIMES  AND  OFFENSES— Concluded.  Page. 

Register,  damage  or  destruction  of 293 

R:egistrar  failing  to  perform  his  duties 286 

Registrar,  judge  or  clerk  of  election  failing  to  appear  for  examination 

or  refusing  or  neglecting  to  qualify 286 

Voting — 

Fraudulent   279 

More  than  once  at  same  election .* 279 

Not  being  a  resident  of  this  state 279 

Not  being  a  resident  of  the  county  thirty  days 279 

Not  being  a  resident  of  the  precinct  twenty  days 279 

Without  a  residence  of  one  year;  not  being  twenty-one  years  of 

age ;  not  a  citizen ;  convicted  of  crime  and  not  pardoned 279 

United  States  laws — 

Desertion  from  military  or  naval  service 6 

Draft  into  military  or  naval  service,  avoiding 6 

Naturalization,  violation  of  laws  in  reference  to 17-19 

^              Who  are  citizens  undet 6 

DAYTON— 

Municipal  court  of , 245 

DECLARATION  OF  CANDIDACY— 

Form  of   92 

When  and  where  filed 86-94 

DEFICIENCY  BONDS— 

School  boards  and  municipalities  may  issue 229 

DELEGATE— 

Apportionment  of,  under  primary  law 86 

Bribery  of;  penalty 287 

Election  of,  by  primary ^ 84,86 

Certificate  of  election . 99 

Large,  at,  elected  at  primaries,  when 86 

Proxy,  may  not  apoint 295 

Statement  of,  as  to  choice  for  president 86 

DEPUTY  STATE  SUPERVISORS  OF  ELECTIONS— 

Abstracts  of  returns,  to  make  and  transmit 41 

Abstract  of  votes — 

Certifying,  signing  and  depositing  of 145 

Congress,  in  election  to  fill  vacancy  in  office  of  member  of 149 

Copies,  making  and  transmission  of  certified 145 

County  officers  and  members  of  the  general  assembly,  for;  fee 150 

Districts,  officers  in ; 150 

Making,  time  and  manner  of 145 

Special  election,  for  certain  officers  voted  for  at 149 

State,  judicial  and  county  officers,  representatives  to  congress  and 

members  of  the  general  assembly,  for '  146 

Validity  of  returns,  may  not  question. 151 

Appointment,  qualifications,  terms,  vacancies  and  removals 34-41 

Ballot- 
Absent  voters   114, 131 

Disputed,  preservation  of 140 

Extra  and  unofficial 118 

Preservation  of  all - 140 

Proof,  submission   of — '- — 117 

Sealing,  indorsement  and  delivery  of 41, 117 

Ballot  boxes,  purchase  and  care  of 51.  59 

Ballots,  blanks,  poll-books,  tally-sheets,  etc.;  delivery  of 41,117 

Lost  or  destroyed  ;  replacing  of 118 

Bond  of  bidder  for  printing 120 


306  DTOix. 

DEPUTY  STATE  SUPERVISORS  OF  ELECTIONS— Concluded.  Page. 
Booths,  guard  rails,  voting  shelves,  etc.,  furnishing,  care  and  custody 

of,  etc 41, 119 

Certificates  of  election,  to  issue 41 

District  officers 41,149 

County  officers  and  members  of  the  general  assembly 150 

Judicial   and    senatorial 150 

Special  election,  of  certain  Officers  elected  at 149 

Certificates  of  nomination  and  nomination  papers — 

Defect  in,  manner  of  correcting 108 

Filing  of 41, 104 

Objections  to ; 106 

Transmission  of  certified  copies 109 

Chief  deputies  and  clerks,  questions  to  be  decided  by 106, 107 

Clerk- 
Oath  of 40 

Organization,  report  of,  by 40 

Power  to  administer  oath 40,  53 

Removal  of 40 

Selection,  term  and  salary _ 36,40 

Violation,  neglect  or  wrong  performance  of  duty,  or  disobedience 

by;  penalty 284 

Gerks  of  election,  apointment  of;  removals;  oath 52-54 

Compensation  of  42 

Creation  of  office 37 

Duties  of,  general 41-43 

Expenses  of  elections,  how  defrayed 41, 120 

Forms  of  guidance 119 

Furnishing  of  poll  books 119 

Innkeeper's  report  of  guests  to 142, 143 

Investigation  of  irregularities,  or  non-performance  of  duty  by  elec- 
tion officers;  report;  prosecutions 41 

Judges  of  elections,  appointment  of;  presiding  judge,  removals;  oath_  51-54 

Justices  of  the  peace,  result  of  election  for,  to  be  certified  to 152 

Laws  applicable  to  elections,  distribution  of 43 

Meeting  of,  before  each  election 40,72 

Nominations,    methods    of 83, 102 

November  election;  returns  of  odd  years 151 

Oath  39 

Power  of  to  administer  oath 40, 53 

Organization;  report  thereof 40 

Police  force,  requisition  for 63 

Poll  book,  delivery  of,  at  polling  place 41 

Precinct  division,  rearrangement,  combination  of,  etc -. 49-50 

Printing,  notice  of  bids  for;  contracts;  bonds  of  bidder,  etc 41,120 

Qualifications 37 

Questions  to  be  submitted  to  supervisor,  when 107 

Referendum  petitions,  establishment  of  insufficiency  of  signatures  on, 

by 275 

Removals,  causes  for 39 

Returns  of  election,  to  receive,  make  abstracts  of,  etc 41, 145 

Registration,  general  powers  and  duties  of 58 

Return  of  I.  &  R.  petitions  by,  to  secretary  of  state 276 

Session  of,  before  each  election 40,72,73,76 

Tally  sheets,  furnishing  of 119 

Term  of  office 37 

Tie  votes  for  county  officers  and  members  of  the  general  assembly 

to  be  determined  by  lot 150 

Vacancy  in  office  of,  how  filled 1 . 39 

Vacancy  on  ticket,  manner  of  filling 108 

DEPUTY  STATE  SUPERVISORS  AND  INSPECTORS   OF 
ELECTIONS— 

Appointment,  qualifications,  term,  vacancies,  etc 35-37 

Chief  deputy,  selection  and  term  of 36 


INDEif.  807 

DEPUTY  STATE  SUPERVISORS  AND  INSPECTORS   OF  Page. 

ELECTIONS— Concluded. 
Clerk  and  deputy  clerk — 

Selection,  term,  salary,  removal 36 

Compensation 42  81 

Counties  which  shall  have  board  of HZ^.llllZZ  '34 

Creation  of  office 34 

Duties  of,  general I.-IZIir  37-43 

Innkeeper's  report  of  guests  to 142,143 

Registration,  general  powers  and  duties  of 58 

Vacancies,  how  filled 35 

DESERTERS-^ 

Forfeiture  of  citizenship  by' 5 

Exemption  from  forfeiture 5 

DEVICE— 

Certificate  of  nomination  to  request 109 

DISFRANCHISEMENT— 

Receiving  bribe,  for 287 

DISTRICT— 

Abstracts  and  certificates  of  election  in 150 

Certificates  of  nomination  and  nomination  papers,  filing  of 105 

Decision  of  questions  as  to 106, 107 

Defect  in,  manner  of  correcting 108 

Objections  to 106 

Transmission  of  certified  copies 109 

Office,  candidate  for,  how  nominated 85 

Word  "district"  construed 84 

DRAFT— 

Citizenship,  forfeiture  of,  for  avoiding 5 

DOMINANT  PARTY  DEFINED 52 

ELECTIONS— 

Absent  voter's  ballot a. 114, 131 

Abstracts  of 145 

Aiding  construction  of  waterway  or  canal 198 

Anonymous  attacks  on  candidates,  printing  or  posting,  unlawful 292 

Arrest,  when  electors  privileged  from 24 

Ballot,  all  elections  shall  be  by 24 

Bonds  for  township  and  municipal  purposes,  submission  of  question 

as  to  issue  of 202-228 

Conduct  of  public 33 

Congressional,  time  of * 45 

Contests  of . 155-165 

Corrupt  practices,  act  defining  in 263 

County,  proclamation  and  time  of 44 

Expenses  of,  how  defrayed;  levy  of  tax,  etc 42,80,81.82,100,120 

Initiative  and  referendum  in  municipalities 232 

Judges  and  clerks,  appointment,  etc 51-54 

Judges*  and  justices*  nonpartisan  ballot 121 

Laws  applicable  to;  collation,  publication  and  distribution  of 43 

Municipal — 

First,  in  municipality 217 

Officers  of,  generally 47 

Proclamation  of  mayor  as  to  sale  of  liquor 48 

Places  of  holding,  who  to  determine ;  notice  in  certain  case 46, 49, 60 

Presidential,  time  of  holding —  44 

Primary,   defined  83 

Public,  how  held  and  conducted 95 

Registration ,^ 58-82 


308  ^  INDEX. 

ELECTIONS— Concluded.                .  Page. 

Result  of,  certified  in  triplicate 139 

School,  special 250-260 

State,  proclamation  and  time  of 44 

Supervisory  laws  relating  to 33-43 

Surrender  of  corporate  rights,  to  determine  question  of 213 

Time  and  notice  of 44-48 

Township — 

Constable  to  post  notice  of,  etc 46 

Conduct  of,  in  civil- 46, 49, 151 

Original  surveyed,  in;  conduct,  notice  of,  etc 202 

Place  of  holding,  township  trustees  to  fix 49 

Public  library,  for 207 

Returns  of • 151 

U.  S.  Senator,  election  of 45 

Who  may  vote  at 24 

United  States  laws — 

Interference  with,  by  army  or  naval  officers ^ 6 

Race,  color  or  previous  condition  not  to  affect  the  right  to  vote 6 

ELECTION  LAWS—  ' 

Collation,  publication  and   distribution   of 43 

ELECTIVE  FRANCHISE— 

Ohio  constitutional  provisions  as  to 24 

Women,  in  school  elections 55 

ELECTOR— 

Application  by  electors  for  organization  of  original  surveyed  township  202 

Arrest,  when  privileged  from 24 

Ballot- 
Preparation  and  casting  of 127-130 

Assistance  in  marking 131 

Offenses  pertaining  to;  penalty 280 

Bribery  of;  penalty 280 

Competent  witness  in  prosecutions  for 287 

Challenges   64, 67, 73, 74, 96, 124 

Convict  incompetent  to  be ;  penalty 24,  279 

Eligibility  for  voting  orliolding  office,  power  of  general  assembly  as  to  24 

Idiot  or  insane  person  not  entitled  to  privilege  of 24 

Intimidatirig,    or   impeding   or   preventing    free    exercise    of    elective 

franchise;  penalty;  competent  witness  in  prosecutions  for 292 

Misleading,  or  disclosing  how  he  voted;  penalty 284 

Municipality,  who  is  elector  of l 55 

Persons  not  considered  residents  of  Ohio 24 

Presidential    44 

Primary  election,  attempting  to  intimidate  elector  at;  penalty 291 

Qualifications  of  persons  to  vote  at 97 

Qualifications  of,  under  Ohio  constitution 24 

Qualifications  of,  under  General  Code 55 

Questions  submitted  to,  vote  necessary  for  adoption  of,  etc 153 

Registration   58-82 

Residence  ' 55, 66, 123, 125 

Screening  and  convenience,  provision  for 119 

Substitutions  when  no  nomination  made  or  name  of  nominee  omitted—  129 
United  States  laws — 

Citizenship  under 5 

Officers  of  army  or  navy  interfering  with,  prohibited 6 

Race,  color  or  previous  condition  not  to  affect  right  to  vote 6 

ELIGIBILITY— 

Convict,  to  vote  or  hold  office ;  penalty 279 

Electors  of  president  and  vice-president,  of 44 

General  assembly's  power  as  to  eligibility  for  voting  or  holding  office.-  24 


INDEX.  309 

EXECUTIVE  COMMITTEE  OF  POLITICAL  PARTY—  Page. 

Ballot,  submission  of  proof  of 117 

County,  designation  of  inspectors  of  count  by 137 

Deputy  state  supervisor  of  elections,  recommendation  of 35,36,37 

Witnesses  and  challengers  in  cities,  designation  of 73 

Rightful  committee  of,  how   determined 35,38 

EXPATRIATION— 

Rights  of,  declared 6 

EXPENSES 

Defrayed,  how   42,80,81,82, 100, 120 

FEES— 

Clerks  of  election — 

Compensation  of  54,81,100, 118 

Cities  having  registration;  how  paid 81 

Primary   elections    100 

Deputy  state  supervisors  of  elections,  compensation  of 42,81,100 

Abstract  of  votes  for  county  officers  or  members  of  the  general 

assembly,  fee  for  making 150 

Clerk,  salary  of 42,81, 101 

Compensation   of  54,81, 100,118 

Cities  having  registration ;  how  paid 81 

Primary  elections 100 

Presidential  elector,  fees  and  mileage  of 171 

Registrars,  compensation  of;  how  paid 81 

FOREIGN  COUNTRIES— 

Protection  of  naturalized  citizens,  while  in 6 

FORFEITUREE— 

Citizenship,    of    ,  5,24 

Exemptions  from  forfeiture 5 

Office,  for  giving  bribe 287 

GENERAL  ASSEMBLY— 

Abstract  of  votes 146 

Certificate  of  election  of  member 150 

Contests  of  election  of  members  of_- 160 

Elective  franchise,  power  as  to  forfeiture  of 24 

Member  to  deliver  copy  of  abstract  to  president  of  the  senate 146 

Tie  vote  for  members  to  be  determined  by  lot 150 

Vacancy  in  office  of  member  of 46 

Senator  or  Representative,  special  election 150 

GENERAL  CODE— 

Provisions  of,  relating  to  filling  vacancies  in  elective  state  offices  and 

judgeships 32 

GENERAL  ELECTION— 

How  expenses  of,  defrayed 120 

Words  "general  election"  construed 83 

GOVERNOR— 

Contest  of  presidential  electors,  notice  as  to 155 

Presidential  electors,  certificates  and  notice  of  election  of 147 

Vacancy  in  office  of  senator  or  representative  in  congress  or  member 

of  general  assembly,  writ  of  election  in  case  of 45,46      , 

HAMILTON—  : 

Municipal  court   of 240      a 

HEARSE—                                       ,.,,..,  nnt 

Question  of  purchase  m  townships  to  be  submitted  to  vote JIW      ; 

Question  of  purchase  in  village —  233     j 


310                                                                INOTX.  .  ^ 

HIGH  SCHOOI^  Page.  | 

Special  district  for 254  .! 

HOLIDAY— 

Regular  election  day  a  part 32,90  i 

IDIOT—  J 

Elector,  not  entitled  to  privilege  of 24  ; 

INCORPORATION— 

Municipality,  of  218 

Of  territory  surrounding  summer  resort,  etc.,  submission  of  question  ; 

to  vote  224  i 

Original  survey  township 202  j 

INFIRMARY— 

Legal  residence  of  inmates 57  . 

INNKEEPER—  \ 

Form  of  register  of 142  ; 

INITIATIVE  AND  REFERENDUM—  ■ 

Arrangement  of  petitions,  size  of  paper  and  type 274  | 

Constitutional  provisions  relating  to 26 

Contest  of  elections  submitted  by  referendum;  penalties 165-170 

Establishment  of  insufficiency  of  signatures  on 275  : 

False  affidavit  verifying;  penalty ' 292 

In  municipalities  234 

Publicity  pamphlets  relative  to 174-176 

Petitions,  laws  safeguarding  signing  and  circulating 234, 273  i 

Question  submitted  by,  inspectors  of  count 137 

Penalty  for  violating  law  safeguarding  petitions 278 

INSANE—  \ 

Elector,  not  entitled  to  privilege  of 24  \ 

INSPECTOR—  I 

Nomination  and  appointment  of,  when  question  submitted 137 

Party,  appointment  and  privileges  of 73, 137  > 

Question  submitted,  appomtment  of 137 

INTERFERENCE— 

Elector,  with,  in  casting  his  ballot 280-281 

Officers  of  United  States  army  or  navy,  by 6  l 

INTIMIDATION—  ] 

Attempting  to  intimidate  elector  or  judge  at  primary  election ;  penalty.  291  j 

Voter,  of;  competent  witness  in  prosecutions 281,291  \ 

INTOXICATING  LIQUORS—  \ 

Limitation  as  to  number  of  saloons 176  j 

Proclamation  of  mayor  as  to  sale  of , 48  I 

JUDGES-  ' 

Contest  of  election  of 157-158  i 

Election  of,  judicial  ticket,  etc 121  i 

Superior  court  of  Cincinnati,  returns  of 153  * 

Vacancy,   how  filled 32 

JUDGES  OF  ELECTION—  : 
Appointment;    term;    apportionment   politically;    vacancy;    presiding 

judge;  compensation;  removals 52-54 

Ballot—  i 

Assistance  of  elector  in  marking 131  i 

Canvassing,  entering  and  enumerating,  maner  of 75, 139, 140  i 

Custody  or  delivery  of,  offenses  pertaining  to;  penalty ..  282  \ 


INDEX.  311 

JUDGES  OF  ELECTION-Continued.  Page. 
Ballot — Concluded. 

Delivery  of 117 

Deposited  and  counted,  permitted  to  be 130 

Destruction   of   excess 75, 138 

Dispersing  of  persons  interfering  with  casting  of 295 

Disputed,  duty  as  to 140 

Extra  and  unofficial 118 

Lost  or  destroyed,  replacing  of 118 

Misleading  voter  or  disclosing  how  he  voted;  penalty 284 

Preparation  and  casting  of— _^ *_ 127-131 

Per  cent,  of,  written  on  to  nominate  at  primary 98 

Result,  announcement  and  certified  copies  of  in  triplicate 139 

Unvoted,   destruction   of 138 

Vacancy,  after  printing  of,  pasters  in  case  of ^ 108 

Ballot  box,  inspection  of,  before  opening  of  polls 73, 124 

Removing;  penalty 282 

Return  of,  to  proper  officers 51,77 

Booths,  guard  rails,  etc.,  duty  as  to 119 

Candidates  ineligible  to  serve  as 144 

Cards  of , instruction,  where  to  be  placed 118 

Challenge 124-125 

Judge  of  election  may 124 

Party  challengers,  oath  and  privileges  of 6S,  67,  73,  74,  75, 94, 124  « 

Compensation    of 54, 80, 81, 100, 118 

Duties;  penalties  to  which  subject 282 

Fraudulent  votes,  knowingly  counting;  penalty 282 

Loitering  near  polls,  powers  and  duties  as  to 63 

Misconduct  of;  penalty 282 

Oath   53 

Period  during  which  shall  not  separate  nor  leave  polling  place  under 

penalty    '  75, 143 

Polls,  when  to  be  opened  and  closed 74,90,123 

Polling  place,  who  admitted  to 73, 137 

Postponing  counting,  adjourning  or  removing  ballot  box ;  penalty 283 

Presiding  judge — 

Ballots,  etc.,  duty  as  to  delivery  of 117 

Designation  of 52 

Oath,  who  may  administer  to ;  power  to  administer 53, 61 

Returns  of  election 77,96, 145 

Primary  election,  selection,  duties  and  compensation  at 95-100 

Attempting  to  intimidate  judge  at;  penalty 291 

Omission  of  duty  at;  penalty .. 291 

Per  cent,  of  ballots  written  on,  to  nominate  at 98 

Separate  tickets  provided 95 

Question,  as  to  submission  of-_- ^- 113 

Registration,  judges  in  cities  having — 

Appointment;  term;  qualifications;  oath -'- 60 

Ballots,  destruction  of  excess 75 

Certificate  of  appointment 62 

Certificate  of  board  of  deputy  supervisors  entitles  elector  to  vote 

in  case  of  involuntary  mistake  in  registering 77 

Certificate  of  result  by  board  of  deputy  supervisors  and  announce- 
ment from  police,  telegraph  or  telephone  station 75-77 

Chairman  calling  for  ballots,  compensation  of _^\^ 

Challenges  65, 67, 73, 74, 75, 94 

Clerks,  removal  of;  substituted  clerk;  notice 61,62 

Compensation;  how  paid 54,80,81, 100,118 

Completion  of  work  without  adjournment 75, 143 

Count   of  votes  by ^^ilo? 

Election  day,  duties  on 74-83 

Examination,  appearance  for;  penalty  for  failure  to  appear,  or 

refusal  or  neglect  to  qualify "^'^ 

Expulsion  of,  by  other  three _ 75 

•              Meeting  on  evening  prior  to  election 73 

Organization;  duties 73 


312  INDEX. 

JUDGES  OF  ELECTION— Concluded.  Page: 
Registration,  judges  in  cities  having — Concluded. 

Poll-book,  certificate  to 75 

Disposition  of 11 

Polls,  opening  and  closing  of 74 

Powers  and  duties  as  peace  officers 62 

Proceedings  upon  close  of  polls 75 

Proclamation  of  total  vote  cast 75,  76 

Removal  of  61 

Result,  abstract  of 76 

Return  of  registers,  ballot  box,  etc 11 

Substituted,  on  election  day;  notice 62 

Vacancy ; 61 

Witnesses  and  challengers,  duties  as  to 73 

Removal  of 54 

Residence,  rules  governing 55-56 

Return  of  vote  for  township  and  municipal  officers,  members  of  boards 

of  education  and  justices  of  the  peace 151-153 

Returns,  tally-sheets  and  poll-books ;  making,  transmission  and.  preser- 
vation  of   145 

Special  election,  returns  of  certain  officers  voted  for  at 149 

Supplies  for  conducting  election,  delivery  of 117 

Custody  or  delivery  of,  offenses  pertaining  to;  penalty 282 

Lost  or  destroyed,  replacing  of 118 

•                Opening  of  packages 118 

Term 53-61 

Township  officers,  canvass  and  returns  of  election  of 151 

Unofficial  count  certified  in  triplicate  by 140 

Vacancy  in  office,  how  filled 53,61 

Vacancy  after  printing  of  ballots,  pasters  in  case  of 108 

Votes  cast,  certificate  and  proclamation  of 75, 138 

JUSTICES  OF  THE  PEACE— 

Contest  of  election  of 163 

Election  of,  non-partisan  ballot 121 

Notice  of  election  of 46 

Return  and  canvass  of  votes  for 151, 152 

LAWS— 

Election;  collation,  publication  and  distribution  of 43 

LOITERING— 

Within  one  hundred  feet  of  polls 63,293 

LORAIN— 

Criminal  court   of 240 

MARRIED  WOMEN— 

Citizen,  is  deemed,  when.: 5 

MAYOR— 

Elections,  proclamations  as  to 47 

Intoxicating  liquors,  proclamations  as  to  sale  of 47 

MEMBERS  OF  GENERAL  ASSEMBLY— 

Ohio  constitution — 

Persons  not  considered  resident  of  the  state 24 

United  States  laws — 

Deserters,  forfeiture  of  citizenship  by 5 

Exemption   from  forfeiture 5 

Draft,  avoiding,  forfeiture  of  citizenship  for 5 

MILITARY  SERVICE— 

Officer  interfering  with  voter,  etc 6 

MUNICIPAL  CHARTERS  ACT 213 

Commission  to  frame  charter '_ 213 

Election  provisions  applicable  to  each  plan I___I I___I_I__  215 

Form  of  ballot  submitting  question 214 

Organization  under  specific  plan "__"  213 


INDEX.  313 

MUNICIPAL  CORPORATIONS—  Pace. 

Contest  of  election  officers 165 

Contest  of  elections  submitted  by  referendum  in 167 

Bonds,  purposes  for  which  may  be  issued;  tax  for  redemption;  sub- 
mission of  question  to  voters 229,249 

Deficiency  bonds 229,249 

Detachment  of  territory,  additional  method I  '222 

Electors,  who  are 1 55 

Elevated  railroads  227 

Franchise^  grant  of 227 

Gas  works,  bonds  for 228 

Hearse 233 

Initiative  and  referendum  in 234 

Infirmary,  legal  residence  of  inmates  of 57 

Lodging  house  is  not  legal  residence 57 

Loitering  near  polls   prohibited 63,293 

Nomination  of  officers  in 89, 103 

Officers,  biennial  election  of,  etc 47 

First   election   219 

Return  and  canvass  of  votes  for 151 

Primary  elections 83-101 

Question,  submission  of,  to  voters  in 47 

Registration   _._ 58-82 

Sale  of  land  t»o  railway  company 226 

Sanitary  plant  238 

Surrender  of  corporate  powers 213 

Vault   233 

Village,  incorporation  of,  etc 218 

MUNICIPAL  COURT— 

Alliance jl 247 

Cincinnati '. - 241 

Columbus    242 

Qeveland    - 243 

Dayton  245 

Hamilton    - 246 

Middletown    247 

Sandusky    248 

Toledo  JL 248 

Youngstown - 246 

Zanesville    249 

MUNICIPAL  ELECTIONS— 

Board  of  deputy  state  supervisors,  duties  and  powers  of,  as  to  con- 
duct of 49-83 

Initiative  and  referendum  in 234 

Residence  required  to  vote  at 55 

MUNICIPAL  OFFICERS— 

Election,  of,  etc • ^ 

Return  and  canvass  of  votes  for 1^1 

Proclamation  of  election  of ^' 

NATIONAL  MILITARY  HOME— 

Lawful  residence  of  inmates ^7 

Separate  election  precinct ^^ 

NATURALIZATION—  ,  ' 

United  States  laws  relating  to -'— ^^ 

NAVAL  SERVICED 

Deserter,  forfeiture  of  citizenship  by—--- ^ 

Draft,  forfeiture  of  citizenship  for  avoiding 5 

Exemption   from  forfeiture ^ 

Officer  interfering  with  voter,  etc J 

Persons  not  considered  residents  of  the  state ^^ 


314  INDEX. 

NOMINATION—  Page. 

Bribery  of  delegate;  penalty 25/ 

Candidate  of — 

Certificates  and  papers- 
Contents  of  104 

Defect  in,  manner  of  correcting 108 

Device  to  designate  party  candidates 109 

District,  in,  decisions  of  questions  as  to 106-107 

Filing  of 41, 105 

Forms  for 104 

Objection  to  validity 106 

Offenses  pertaining  to;  penalty 282 

Preservation  and  inspection 106 

Transmission  of  certified  copies 109 

Direct  vote,  when  must  be  by 24, 85 

Letter  of  withdrawal,  offenses  pertaining  to;  penalty 293 

Made,  how  by  primary 83-100 

Petition,  by 102-109 

Substitution  of  candidate  of  other  party  or  nominee  by  petition 1Q3 

Substitution  of  name  and  marking  of  ballot  when  no  nomination  made 

or  name  of  nominee  omitted 129 

United  States  Senator.- 85 

Vacancy,  manner  of  filling 108 

NOMINATION  PAPERS,  at  primaries- 
False  affidavit  verifying;  penalty 292 

Filed  with  whom,  when 85-91 

Form  of  declaration  of  candidacy  and  certificate  of  electors 91-92 

Declaration  to  support  candidate 93 

Protests,  when  and  where  filed 94 

NOTICE— 

Board  of  education,  of  election  of  members  of 47 

Bonds  for  township  and  municipal  purposes,  of  submission  of  ques- 
tion of  issue  of 204-212-229 

Divided  townships,  of  holding  elections  in 47 

Objection  to  nomination 108 

Precinct,  of  proposed  change  in SO 

Presidential  election,  of * 44 

Presidential  electors;  election,  of 44 

Printing,  of  letting  of  contracts  for 120 

Question,  of  submission  of 47 

State  and  county  elections,  of 44 

Township  officers,  of  election  of—! . 46 

Vacancy  in  office  of  representative  in  congress  or  member  of  the  gen- 
eral assembly,  of  election  to  fill 46 

NOVEMBER  ELECTION— 

Expenses  of,  how  defrayed 120 

Returns  of  _" 145-154 

Words  "November  Election"  construed- 83 

OATH— 

Challenged    person,    of 67, 96, 125 

Clerk  of  election,  of 53,61 

Deputy  state  supervisors  of  elections  and  clerks,  of 39, 40 

Power   to   administer 54 

Judge  of  election,  of '53,61 

Party  challenger,  of " 124 

Person  challenged  at  primary  election,  of I— IIII— "IIIIIZIIIII  96 

Registration  law,  of  person  challenged  under 67 

OFFICE— 

Ohio  laws — 

Convict  incompetent  to  hold ;  power  of  legislature 24 

Forfeiture  of,  for  giving  bribe 287 


INDEX.  315 

OFFICE^-Concluded.  Page.  ! 

Ohio  laws — Concluded.  j 

Power  of  general  assembly  as  to  eligibility  for 24  ' 

State  or  district,  candidate  for,  how  nominated— 85  ^ 

United  States  laws- 
Deserters  or  persons  avoiding  draft  incapable  of  holding 5  ; 

OREGON—  [ 

Citizenship  of  persons  born  in  territory  of 5  | 

ORGANIZATION—  ] 

Original  surveyed  townships,  of 202  ; 

ORIGINAL  SURVEYED  TOWNSHIP—  ] 

Officers,  election  and  term  of,  etc 202  i 

Organization  and  incorporation  of 11—  202  \ 

PAMPHLETS—  \ 

Publicity,  relative  to  initiative  and  referendum  proposals 31,174  ' 

PARK  COMMISSION 232  ' 

PARTY,  DOMINANT,  DEFINED. 52  \ 

PARTY  PLATFORM— 

When  and  by  whom  framed 86, 161    ' 

PASTERS—                          ~  i 

Vacancy  after  printing  ballots,  in  case  of 108  I 

PERJURY—            .  ] 

Forfeiture  of  elective  franchise  by  reason  of  conviction  of 24   * 

i 

PETITION— Nomihations  by- 
Board  of  education,  for 103    j 

Publication  of  lists 103    I 

District  office,  for 104   ] 

False  affidavit  verifying,  penalty : 292   ; 

Municipal  office,  for 103    ] 

State  office,   for 104    ' 

Township  office,  for 103    < 

POLICE— 

Assignment  of,  on  election  day 63    j 

Duty  in  cities  having  registration 63    j 

Loitering  near  polls,  duty  as  to 63,293    ; 

Obey  and  aid  judges  of  election,  shall 63, 295    ! 

POLITICAL  PARTY— 

Dominant   party   defined 52    ■ 

Form  of  ballot 95 

Separate  tickets,  at  primary 95    : 

POLL-BOOK—  I 

Address  and  delivery  of 77,97,145 

Board  of  education,  separate,  in  election  for  members  of 116    '\ 

Certification  of,  in  registration  cities 77    I 

Custody  or  delivery  of,  offenses  pertaining  to;  penalty 282     ] 

Delivery  and  preservation  of 77,97,145     | 

Delivery  of,  to  election  officers 117     ; 

Destroying;  penalty 293 

Disposition   of,   in  cities _ 77,97     : 

Forged  or  altered,  possession  of,  with  fraudulent  intent ;  penalty 294    ' 

Form   for  119     | 

Fraudulent   writing  on;   penalty^-,—,.. , ^ 293    i 


316 


INDEX. 


POLL-BOOK— Concluded.  P^g^ 

Furnishing  of }}^ 

Lost  or  destroyed,  replacing  of- Jio 

Paper  to  be  received  as Igi 

Primary  election,  separate ^^ 

"Sworn,"  when  word  to  be  entered  on l^o 

Transmission    and    preservation 77,97, 145 

Want  of  form  does  not  invalidate 153 

POLLS 

Ballot  boxes,  inspection  of,  before  opening  of  polls 73, 124 

Interference  with  voters 281,  292 

Loitering  near   nn  io? 

Opening  and  closing  of 74,90,123 

Packages  of  supplies,  breaking  of  seals,  etc.,  at  opening  of 118 

Vacancy  in  office  of  judge  or  clerk  at  opening  of 53,  61 

PRACTICES,  CORRUPT— 

Act  defining,  relating  to  elections 263 

PRECINCT  COMMITTEEMEN— 

Challengers,    appointment    of —73, 96, 124 

PRECINCTS— 

Composed  how;  where  elections  to  be  held 49 

Division,  rearrangement,  combination,  etc 49-50,  60 

New  precinct,  judges  and  clerks  for 50,51,79 

Special  election,  duty  of  board  of  deputy  state  supervisors  when  ward 

or  precinct  changed,  before 79 

State  or  national  home  shall  be  a  separate 50 

Word  "precinct"  construed 83 

PRESIDENTIAL  ELECTORS— 

Certificate  of  election  of 1 147 

Contest  of  election  of 155 

Nomination  of  86 

Separate  ballot  for 111 

Tie  vote  for,  how  decided 147 

PRESIDENTIAL  ELECTIONS— 

Canvass  of  returns  by  secretary  of  state 147 

Certificates  of  election  of  electors 147 

Contest  of  electors'  election 155 

Electors  of  president  and  vice-president  to  be  elected,  who  eligible —  44 

Fees  and  mileage  of  electors 170 

Meeting  of  electors  in  Columbus 170 

Names  of  candidates  for  president  printed  on  tally-sheet 141 

Notice  of  elector's  election 44 

Notice  to  governor  of  his  presence,  each  elector  to  give 170 

Proclamation  of 44 

Registration,  general,  required  at 58 

Tie  vote  for  electors ; 147 

Vacancy  in  office  of  elector 170 

PRESIDENTIAL  PREFERENCE  PRIMARY— 

Names  of  candidates  certified  to  Deputy  State  Supervisors 87, 88 

Returns  and  canvass  of  votes 88 

Separate  tickets 88 

PREVIOUS  CONDITION— 

Not  to  aff^ect  right  to  vote 6 

PRIMARY  ELECTIONS— 

Absent  voters  ballot  for 131 

Form  and  preparation  of 114 

Apportionment,  how  made,  of  delegates ,  86 


INDEX.  817 

PRIMARY  ELECTIONS— Continued.  Page. 

Ballot,  how  names  placed  on,  form  of 88,95 

Candidates  at  head  of  ticket,  presence  of,  challenger  for 96 

Canvass  of  results 88,97 

Conduct  of,  manner 95 

Construction  of  words 83 

Certificates  of  election  to  delegates  and  committeemen 99 

Challengers 96 

Compensation   of   officers 54,81, 101 

Declaration  of  candidate 93 

Delegates  chosen  at 86 

Endorsements  on  ballot 95 

Even-numbered  years,  when  held 89 

Expenses  of 100 

Deputy  state  supervisors,  powers  and  duties,  at 90 

Inspectors  96 

Judges  and  clerks 95 

Loitering,  soliciting,  etc.,  within  100  feet  of  polls 63, 95 

Nomination  of  Candidates — 
Congressmen-at-large — 

Declaration  of  candidacy  and  certificate  of  electors,  when  and 

where  filed 85 

Fee  required  and  where  paid 93 

Form  of  declaration  of  candidacy  and  certificate  of  electors.  91 

Protests  against  candidacy,  where  filed 94 

Controlling  Committees — 

Nomination  and  election  of  members  of 88 

Protests  against  candidacy  where  filed 94 

Delegates  and  Alternates — 

Election  of,  to  national  convention 86 

Declaration   of   candidacy   of   and   certificate   of   choice   for 

president  86 

Form  of  declaration  of  candidacy 91 

Form  of  statement  required  by 86 

Name  of  first  and  second  choice  of,  for  president  upon  ballot-  86 

Protests  against  candidacy  of,  where  filed 94 

District  Offices — 

Canvassing  returns   and   certifying   results   when   district   in 

more  than  one  county-- 90 

Certifying  results  to  board  in  most  populous  county 85 

Declaration  of  candidacy  and  certificate  of  electors,  when  and 

where  filed 85 

Declaration  and  certificate,  where  filed,  when  district  in  more 

than  one  county '  90 

Fee  required  and  where  paid 93 

Form  of  declaration  of  candidacy  and  certificate  of  elector 91 

Protests  against  candidacy,  where  filed ^ . 94 

Time  of  certifying  nominations  to  each  county  in  district 85, 88 

Other  Offices- 
Declaration  of  candidacy  and  certificate  of  electors,  when  and 

where  filed 90 

Fee  required  and  where  paid 93 

Form  of  declaration  of  candidacy  and  certificate  of  electors—  91 

Protests  against  candidacy,  where  filed 94 

Presidential  Preference — 

Declaration  of  candidacy  when  and  where  filed 87 

Form  of  ballot  for 88 

Form  of  declaration  of  candidacy 91 

Nominations    certified    by    state   supervisor   to    deputy   state 

supervisors,  when 88 

Nomination  papers,  where  filed 87 

Protests  against  candidacy,  where  filed 94 

Result  of  vote  certified  to  state  supervisor 88 

.  Separate  tickets  for  each  political  party 88 

Time  of  holding  primary 87 

Withdrawal  of  names  of  candidates 87 


318  INDEX. 

PRIMARY  ELECTIONS— Concluded.  Page. 
Other  Offices— Concluded. 
State  Offices- 
Declaration   of  candidacy   and   certificate   of   electors,   when 

and  where  filed — _ 85-87 

Fee  required  and  where  paid ,  93 

Form  of  declaration  of  candidacy  and  certificate  of  electors—  91-92 

Protests  against  candidacy,  where  filed 94 

United  States  Senator — 

Declaration   of   candidacy   and   certificate   of   electors,   when 

and  where  filed 85-87 

Fee  required  and  where  paid _ 93 

Form  of  declaration  of  candidacy  and  certificate  of  electors—  91-92 

Protest  against  candidacy,  where  filed l 94 

Offering  bribes  to  voters  at;  penalty 287 

Odd-numbered  years,  when  held 89 

Omission  of  duty  and  fraudulent  voting;  penalty 291 

Penalties    , 290 

Per  cent,  of  ballots  written  on  required  to  nominate  at 98 

Petition,  nomination  by,  not  repealed 84 

Poll-books  and  tally-sheets,  separate 95 

Polls,  time  for  opening  and  closing 90 

"Primary,"  word  ^construed 83 

Presidential  preference 87 

Proxy,  misdemeanor  for  delegate  to  give 295 

Qualifications  to  vote  at 97 

Registration,  provisions  for 94 

Returns  of  97 

Rotation  of  names  on  ballot 95 

Special  election,  for,  how  called 89 

Supervisors  of 90 

Time,  place,  manner  of  holding,  etc 89 

Ticket,  or  ballot,  exhibit  within  one  hundred  feet  of  polls 96 

United  States  Senator,  nomination  of 85 

Vote,  when  rejected 97 

Vacancies  in  nominations,  how  filled 100 

PRINTING— 

Ballot,  of,  offenses  pertaining  to;  penalty 282 

Bond  of  bidder  for 120 

Contracts  for 120 

Publication  of  notice  of  bids  for ;  contracts,  etc 120 

PROCLAMATION— 

Mayor,  as  to  elections i__  47,48 

Presidential  election,  of 44 

State  and  county  election,  of 44 

Vote  cast  in  certain  cities,  of;  result  of  count 75,76 

Vote  cast,  of 75,139 

PROSECUTING  ATTORNEY— 

Election  laws,  to  prosecute  for  violation  of 41 

PROXY— 

Convention,  unlawful  in 295 

PUBLIC  ELECTIONS— 

Held  and  conducted,  how 33 

PUBLIC  LIBRARY— 

Submission  of  question  in  township 206 

PUBLIC  OFFICERS— 

Conduct  of  elections  of ._               _  33 

Nominations  of,  by  petition 1 102-109 

Violation,  neglect,  wrong  performance  of  duty  or  disobedience  by; 

penalty    295 


INDMZ. 


319 


PUBLICITY  PAMPHLET—  Page. 

Printing  and  distribution  of 31,174 

QUALIFICATIONS— 

Ohio  Laws — 

Challenges    65, 67, 73, 74, 75, 94. 124 

Elector,  of,  under  Ohio  constitution 24 

Prirnary  elections,  of  voters  at 97 

Registration  I__II__II  69 

Residence   II— ZIZIIIIIII  55-57 

United  States  Laws — 

Officer  of  army  or  navy  not  to  prescribe 6 

Race,  color  or  previous  condition  not  to  affect  right  to  vote 6 

QUESTION— 

Ballot,   marking   of 127 

Inspectors  of  count  when  submitted I  137 

Number  of  votes  necessary  to  authorize  performance  of  act  when 
statute  providing  for  submission  of,  is  silent ;  submission  of,  when 

special  election  not  provided  for 153 

Separate  ballot  and  ballot  box  in  case  of  submission  of 113 

RACE— 

Not  to  affect  right  to  vote 6 

RAPID  TRANSIT  COMMISSIONERS— 

Issue  of  bonds  by;  procedure;  election 231 

REGISTER— 

Innkeeper's,   form  of 142 

REGISTRATION— 

Absent,  elector  who  will  be,  of 64 

Absent,  elector  who  is,  of 65 

Challenge  of  such  elector 65 

Applicable  to  what  cities 58 

Applicant  for — 

Challenge,  oath  and  examination  in  case  of 67 

Oath  of ^ 67 

Signature  of,  by  mark 68 

Ballot  box,  location  of,  on  election  day 74 

Board  of  deputy  state  supervisors,  by  order  of 72,  77 

Certificates  in  case  of  involuntary  mistake  in  registering 70 

Certificates  in  case  of  removal  or  mistake 70 

Certificates  of  removal  when  question  of  issue  of  bonds  submitted  to 

voters  227 

"Challenged,"  entry  of,  on  register 65,  74 

Challengers,  designation,  rights  and  privileges 73 

Cities  and  villages,  council  may  provide  for 82 

Clerk  of  board  of  deputy  state  supervisors,  when  to  act  as  registering 

officer   64 

Close  of  day's,  attestation 69 

Close  of,  by  clerk  of  board 65 

Corrections 70,  71 

Council  may  make  provision  for 82 

Crimes  and  offenses,  and  penalty  therefor — 

Acting  as  officer  of  election  without  appointment,  etc 286 

Ballots,  distributing,  or  having  in  poll-room 284 

Counterfeiting  registration  certificates,  statements,  etc 286 

Destroying  or  concealing  certificates  or  statements 293 

Distributing  or  having  ballots  in  poll-room 284 

Judge  permitting  unlawful  ballots  in  box 283 

Neglect  of  duty  by  officers  of  election 286 

Neglect  to  qualify,  or  serve  as  judge,  clerk  or  registrar 286 

Perjury  before  registration  officer 286 


320  INDEX. 

REGISTRATION-Continued. 

Crimes  and  offenses  and  penalties  therefor— Concluded.  I' age. 

Registration   284 

Counterfeiting  _ 286 

Falsely   registering   285 

Inducing  same 285 

Hindering  285 

Permitting  or  inducing  false 285 

Personating  another 285 

Procuring  unlawful  erasure _ 285 

Refusing  registration  to  person  qualified 285 

Wilfully  refusing  to  perform  certain  duties 285 

Days    for   64, 79 

Examination  of  applicant ^1 

Expenses  of,  how  paid . — 81-83 

General,  required  every  four  years  in  certain  cities 58 

Hindering  electors,  soliciting  votes,  etc 285 

Hours   for  66, 72, 78 

Involuntary  mistake,  certificate  in  case  of 70 

Lists,  alphabetical  — 71 

Duplicates  in  books  for  use  election  day 71 

Form ;  comparison  of ;  certificate  to ;  change  in 72 

Pamphlets  containing 72 

Posting  of  . 71 

Registrars  to  make  and  certify 72 

Loitering  within  one  hundred  feet  of  polls  prohibited . 63 

Meeting  of  registrars  and  judges  on  evening  before  election;  duties—  73 

Mistake  in,  how  corrected 70 

New  elector,  of,  in  certain  cities 65 

Oath  of  applicant  for 67 

Places  of  59-61 

Polls,  opening  and  close  of 74 

Primary  elections,  provisions  applicable 94 

"Registers  of  Electors";  contents;  form 63-68 

Changes  or  additions  in,  for  special  election 79 

Comparison  and  correction  of  duplicate 69 

Corrections;  noting  of  changes 70-73 

Custody  of,  when  not  in  use 60-71 

Damage  or  destruction  of;  penalty 293 

Entries  in 67 

Registrars — 

Absent  elector,  registration  of 64 

Applications  for  registration,  canvass  of  precinct ;  report  to  board, 

etc. 67-68 

Appointment;  term;  qualifications,  oath 60 

Certificate  of  appointment 62 

Compensation,  how  paid 81 

Duties,  failure  to  perform;  penalty 286 

Duties,  generally   62-83 

Election  day,  duties  on 73 

Examination,  appearance  for;  penalty  for  failure  to  ^pear  or 

refusal  or  neglect  to  qualify 61,286 

Exemption  from  jury  and  military  duty 62 

Powers  and  duties  as  peace  officers 62 

Registers,  maps,  instructions,  etc.,  to  apply  for 63-65 

Removal 61 

Special  elections,  as  to 78 

Vacancy 61 

Removal  certificate,  application  for ;  registrars'  duties (£,  70 

Clerk  of  board,  by 66 

Sick  or  physicaly  disabled,  of,  by  affidavit 69,  79 

Special  election,  in 78 

Changes  or  addition  in  registers I II I_I__I 79 

Days  for 79 

Hours  for IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII  79 

New  ward  or  precinct IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII  79 

Orders  for,  by  board  of  deputy  state  supervisors  of~efe"ctions 79 


INDEX.  321 

REGISTRATION— Concluded.  Page. 

Voters  required  to  register  in  cities 58,  59, 69 

Who  shall  be  registered 69 

Witness,  designation  of,  rights  and  privileges 73 

Women,  registration  of 78 

REMOVAI^ 

Deputy  state  supervisors  of  elections,  of , 39 

RESIDENCE— 

Head  of  family 55 

Infirmary  inmates 57 

Municipal  lodging  house  not  a  legal 57 

Questions  to  be  heard  and  determined  by  judges 56 

Registration  required  in  cities 58,82 

Residents  of  this  state,  persons  not  considered 24 

Rules  to  govern  judges  in  determining 56 

Soldiers'  home  inmates 57 

Time  of,  required 55 

Voting,   illegal ;   penalties 279 

Voting  purposes,   for 55, 56 

RETURNS  OF  ELECTIONS 145-154 

Adjustment  of  discrepancies  in  registrations 77 

Board  of  education,  returns  of  votes  for  members  of 153 

Deputy  state  supervisors  of  elections,  opening  and  canvass  of 145 

Forged  or  altered  poll-book  or  tally-sheets,  possession  of,  with  frau- 
dulent  intent;   penalty 294 

Fraudulent  writing  on ;  penalty 293 

Justice  of  the  peace 151, 152 

Making,    transmission,    preservation 76,98,145 

Municipal  officers 151 

Odd-numbered  years 151 

Registration  cities,  how  made 152 

Special  election,  returns  of  certain  officers  voted  for 149 

Township  officers 151 

Unofficial  count  certified  in  triplicate 1 140 

Validity  of,  deputy  state  supervisors  not  to  decide 151 

RIGHT  OF  SUFFRAGE— 

Convict,  as  to  rights  and  competency  of ;  penalty 279 

Exclusion  from,  for  receiving  bribe 287 

General  assembly,  power  of,  as  to  forfeiture  of 24 

Idiot  or  insane  person,  excluded  from 24 

Ohio  constitution,  under.. . 24 

Women,  right  of  in  certain  elections 55 

United  States  Laws — 

Interference  with,  by  army  or  naval  officer 6 

Race,  color  or  previous  condition  not  to  affect 6 

ROAD  IMPROVEMENT— 

Exemption  of  2  mill  levy  from  limitations 179 

Form  of  ballot  for.. 204 

Submissiron  of  question  for .._ 204 

Tax  levy  to  purchase  property  containing  stone  and  gravel 204 

SALOONS— 

Limitation  of  number  of 176 

SCHOOL  ELECTIONS— 

Abandonment  of  rural 258 

Ballot  for  election  of  members  of  board  of  education;  how  to  be 

printed;  marking  of 116 

Centralization,  submission  of  question  of 257 

City  districts  250 

Decentralization   . — ^ 258 

Dissolution  of  rural  district 258 


822  iNDix. 

SCHOOL  ELECTIONS— Concluded.  Page. 

Extension  of  improvements — 259 

High  school  purposes,  union  of  districts  for 260 

Increase  of  tax  levy 259 

Notice  of,  by  clerk 47 

Schoolhouse,  as  to  levy  of  tax  and  issue  of  bonds  for 259 

Schools,  submission  of  question  of  additional  levy  for 259 

Rural  districts 256 

Village  districts  .: 254 

When  held  -. 47 

Women,  rights  of,  in 55 

SCHOOLHOUSE— 

Submission  of  question  of  tax  and  bonds  for 259 

SECRETARY  OF  STATE^ 

Abstracts  of  elections  to  fill  vacancy  in  office  of  member  of  congress—  149 

Abstracts  of  election,  copies  of,  to  be  forwarded  to 145 

Arrangement  of  I.  &  R.  petitions  prescribed  by 274 

Arangement  of  tickets  on  ballots  by l 111 

Ballot,  form  of  prepared  by 111-116 

Canvass  of  returns,  primary  elections 88,98 

Canvass  of  returns  for  presidential  electors 147 

Certificates  of  nomination  and  nomination  papers — 

Defect  in,  manner  of  correcting 108 

Filing  of 41, 105 

Printing  of  name  of  candidate  on  ballot  when  two  or  more  cer- 
tificates for  same  office  filed  (Note) 106 

Objections  to  validity  of 106 

Transmission  of  certified  copies 109 

Committeemen,  list  of,  filed  with 99 

Contest  of  presidential  electors'  election,  duty  as  to 155 

Copy  of  proposed  law  or  amendment  filed  with 273 

Deputy  state  supervisors  of  elections,  appointment,  qualification,  term 

and   removal  of ^ 33-43 

Duties,  general  33 

Election  laws;  collation,  publication  and  distribution  of 43 

Forms  for  guidance  of  deputy  state  supervisors  of  elections 119 

Judicial  ballot,  form  of  certified  by 122 

Nominations  certified  to  deputy  state  supervisors 88,98 

Nonpartisan  judicial  ballot,  certifying  form  of 121 

Prosecutions  for  violation  of  election  laws 41 

Questions  to  be  decided  by 106, 107 

State  supervisor  of  elections,  ex-officio  is;  duties 33 

State  supervisor  and  inspector  of  elections,  ex-officio  is ;  duties 33 

Sworn  statement  of  circulator  of  petitions  filed  with 276 

Tie  vote  for  presidential  electors 147 

Transmittal  of  petitions  by,  to  deputy  state  supervisors 278 

Vacancy  on  ticket,  manner  of  filling 108-109 

SENATOR— 

United  States,  nomination  of [ 85 

SHERIFF— 

Loitering  near  polls,  duty  as  to 293 

Obey  and  aid  jjdges  of  election,  shall;  penalty 63,295 

Presidential  election,  proclamation  of 44 

State  and  county  elections,  proclamation  of 44 

Vacancy  in  office  of  representative  in  congress  or  member  of  general 

assembly,  notice  of  special  election  to  fill 46 

Vacancy  in  office  of  U.  S.  senator,  special  election  to  fill 45 

SOLDIERS— 

Inmates  of  soldiers'  home,  lawful  residence  of— _^ 57 


tNDte.  823 

SPECIAL  ELECTIONS—  Page. 

Aiding  construction  of  canal  or  waterway 198 

Agricultural  agent,  employment  of 182 

Additional   tax   rate 179 

Agricultural    society   bonds 194 

Annexation  of  territory 220 

Board  of  park  commissioners 191,232 

Bond  issue,  additional 230 

Bonds  for  gas  works 228 

Bonds   for  specific  purposes 203 

Building  or  bridge  bonds,  county 185 

Cemeteries    211 

Centennial,  county 190 

Charter,  municipal  surrender  of . 213 

Children's  homes  191 

Corporate  powers,  surrender  -of - 213 

County  hospital 191 

Courts,  combining  probate  and  common  pleas 182 

Deficiency  bonds,  etc 229 

Detachment  of  territory 222 

Electric  railways  and  terminals,  bonds  to  construct  and  equip  on  leased 

canal  property 225 

Experiment  farm,  county 181 

Elevated  railroads,  grant  to . 227 

Foot  bridges   212 

Franchises,   grant  of 227 

Gas  works,  bonds  for 228 

Halls   205 

Hearse  or  vault 202, 233 

Hospitals    - .-  193 

Initiative  and  referendum  provisions 234 

Incorporation   218, 224 

Libraries  206 

Memorial  building 191, 210 

Municipal   charter   act 213 

New  county — 187 

Notice  of  proposals  for  printing  for 120 

Officers  of  new  township 202 

Oil  or  gas  wells 203 

Original  survey  township 201 

Parks   207 

Park  commission . 232 

Police  protection,  incorporation  of  territory  for 224 

Primary  for,  how  called 89 

Purchase  of  fair  grounds 195 

Purchase  of  toll  roads ^ 194 

Question,  submission  of,  when  special  election  not  provided  for 48 

Rapid  transit  commissioners .. 231 

Registration  laws,  provisions  of,  applicable  to 78 

Release  of  treasurers  and  sureties 178 

Returns,  abstracts  and  certificates  of  election  of  certain  officers  elected 

at  1^ 

Road  improvement  ^ 

Sale  of  real  estate ^ 

Sale  or  lease  of  land  to  railway  company 2^ 

Saloons,  limitation  of  number  of 176 

Sanitary  plant 238 

Senator  or  representative  to  general  assembly 150 

Soldiers*   monument   189, 21U 

Tax  rate    greater - ■•  "^ 

Vacancy  in  office  of  representative  in  congress  or  member  of  general 

assembly,  to  fill — .- ^ 

Vacancy  in  office  of  U.  S.  Senator,  special  election  to  fill 45 

Waterways  or  canal 19° 

STATE  ELECTIONS—  ^ 

Proclamation  and  time  of ^ 


324  INDEX. 

STATE  OFFICERS—  Pagr. 

Contest  of  election  of J^^ 

Certificates  of  nomination,  where  filed 41,  lUi 

Election  of,  proclamation  and  time 44 

Vacancy,  how  filled 32 

STATE  OR  NATIONAL  HOME— 

Separate    election    precinct 50 

Hauling  inmates  of,  to  polls  not  corrupt  practice 5U,  274 

STATE  SUPERVISOR  OF  ELECTIONS— 

Secretary  of  state,  ex-officio  is;  duties 33 

STATE  SUPERVISOR  AND  INSPECTOR  OF  ELECTIONS— 

Secretary  of  state,  ex-officio  is;  duties 33 

SUBMISSION  OF  QUESTION— 

Printing  anonymous  attacks  on,  unlawful 292 

Notice  of,  when  special  election  not  provided 47 

SURRENDER  OF  CORPORATE  POWERS— 

Municipal   corporations,   by;   proceedings 213 

TALLY  SHEET— 

Copies,  making,  transmission  and  preservation  of 145 

Delivery  of,  to  election  officers 117 

Forged  or  altered,  possession  of,  with  fraudulent  intent;  penalty 294 

Form   for  109 

Fraudulent  writing  on ;  penalty 293 

Furnishing  of -. 119 

Lost  or  destroyed,  replacing  of . 118 

Names  of  candidates  for  president  and  vice-president  printed  on 141 

Primary  election,  of 77,95 

Signing   and   certifying 11, 139, 140 

TAXATION— 

Bonds  for  township  and  municipal  purposes,  for  redemption  of,  sub- 
mission of  question  to  voters 204-212,231 

Elections,  levy  for  expenses  of——-—- 42,120 

Exemption  of  2  mill  levy  from  limitations 179 

Schoolhouse,  submission  of  question  of  levy  of  tax  for 259 

TIE  VOTE— 

County   officers,    for --  150 

General  assembly,  for  members  of 150 

Municipal  officers,  for 152 

Members  of  board  of  education,  for 153 

Presidential  electors,  for 147 

Township  officers,  for 151 

TOWN  HALI^ 

Purchase,  question  of,  to  be  submitted  to  vote ;  levy  for 203 

Township  trustees  may  purchase  site  and  erect 203 

TOWNSHIP— 

Bonds  for  specific  purposes 204-212-229 

Memorial   building   192 

New  township,  officers  of 202 

Original  surveved — 

Officers,  election  and  terms  of 202 

Organized,  when,  may  be 202 

Question,  submission  of,  to  voters 202 

Oil  or  gas  well ___          _        203 

Parks _      __    207 

Sale  of  real  estate 202 

TOWNSHIP  CLERK— 

Ballot  boxes,  duty  as  to 51 

Booths,  guard  rails,  etc.,  duty  as  to 119 

Canvass  of  vote  for  township  officers 151 


INDEX.  325 

TOWNSHIP  ELECTIONS-  Page. 

Held,  where  and  how;  returns  of 49,151 

TOWNSHIP  OFFICERS— 

Election  for,  when  and  how  held 46 

Notice  of  regular  election  of 46 

Return  and  canvass  of  votes  for 151 

TOWNSHIP  TRUSTEES— 

Bonds,  purposes  for  which  may  issue ;  tax  for  redemption ;  submis- 
sion of  question  to  voters 204-212 

Divided  townships,  notice  of  holding  elections  in 47 

Elections,  levy  for  expenses  of 120 

Hearse,  to  submit  question  of  purchase  of 203 

Original  surveyed  township,  first  election  in 200 

Places  of  holding  elections,  determined  by 47 

Public  library,  to  submit  question  of 207 

Town  hall,  may  purchase  or  lease  site  and  erect * 205 

UNITED  STATES  SENATOR— 

Candidate  for,  nomination  of 85 

Time  of  election  of 45 

Vacancy  in  office  of,  how  filled 45 

VACANCY— 

Ballot,  after  printing  of,  how  filed 108 

Certificate  shall  name  committee  to  fill 103 

Clerk  of  election,  in  office  of 53,61 

Congress,  in  office  of  representative  in ;  how  filled 45 

Abstracts  in  such  case 149 

Controlling  committee,  in,  how  filled 89 

Deputy  state  supervisors  of  election,  in  board  of,  how  filled 38 

Elective  state  office,  in,  how  filled 32 

General  assembly,  in  office  of  member  of 45 

Judge  of  election,  in  office  of 52,61 

Judge,  in  office  of,  how  filled 32 

Presidential  elector,  in  office  of 109, 170 

Ticket,  on,  when  committee  may  fill 100, 109 

Manner  of  filling ^ 109 

Substitution  of  candidate  of  other  party,  or  nominee  by  petition 103 

Substitution  of  name  and  marking  of  ballot  when  no  nomination  is 

made  or  name  of  nominee  omitted 129 

U.  S.  Senator,  in  office  of,  how  filled 45 

VOTE— 

Number  necessary  to  authorize  performance  of  act  when  statute  pro- 
viding for  submission  of  question  is  silent 153 

Who  may 24,55 

VOTING  PRECINCT— 

State  or  national  home  shall  be  separate 50 

WITNESS— 

Competent,  in  prosecutions  for  bribery,  intimidation,  or  impeding  or 

preventing  free  exercise  of  elective  franchise 288-291 

In  cities  having  registration 73 

WOMAN— 

Certain   elections,   rights   in 55 

YOUNGSTOWN— 

Municipal   court   of 246 


THE  UNIVERSITY  OF  CAUFORNIA  UBRARY 


